MY  OWN    STORY 

By    CALEB     POWERS 


THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


MY  OWN  STORY 


MY  OWN  STORY 


An  account  of  the  conditions  in  Kentucky 
leading  to  the  assassination  of  William 
Goebel,  who  was  declared  governor  of  the 
State,  and  my  indictment  and  conviction 
on  the  charge  of  complicity  in  his  murder 


By 
CALEB  POWERS 


Illustrated  from  Photographs 


INDIANAPOLIS 

THE  BOBBS-MERRILL  COMPANY 

PUBLISHERS 


Copyright  1905 
THE  BOBBS-MERRILL  COMPANY 


April 


PRESS  OF 

BRAUNWORTH  &.  CO. 

BOOKBINDERS  AND  PRINTERS 

BROOKLYN,  N.  Y. 


College 
Library 

P    ' 


CONTENTS 

CHAPTER  I 

BOYHOOD   IN   THE   MOUNTAINS 

FAGS 

My  reasons  for  writing  this  story  —  My  ancestors  —  My 
life  as  a  boy  in  the  Kentucky  mountains  —  Our  re- 
moval to  Brush  Creek I 

CHAPTER  II 

MY   FIRST   SPEECH 

I  matriculate  at  Union  College  —  The  college  debate  — 

My  first  oratorical  effort  —  I  teach  my  first  school     .        9 

CHAPTER  III 

THE   GREAT   DEBATE 

I  argue  about  the  burning  question,  "  Resolved :    That 

the  earth  is  round"  —  The  judgment  of  my  peers     .      20 

CHAPTER  IV 

COLLEGE  DAYS 

My  life  at  the  state  college  —  I  learn  to  drill  —  I  teach 
school  again  —  Illness  —  My  appointment  to  West 
Point 26 

CHAPTER  V 

A    NEW   OUTLOOK 

I  journey  to  West  Point  —  A  glimpse  of  the  national 
capital  —  I  prepare  for  examinations  —  The  ordeal  — 
I  enter  West  Point "..'.-.  35 


CHAPTER  VI 

SUMMER   CAMP 

I  spend  the  summer  in  camp  —  Hazing  —  I  arrest  my 

superior  officer 43 

• 

CHAPTER  VII 

AT  LAW  SCHOOL 

I  become  a  third-classman  —  My  eyesight  fails  and  I  am 
forced  to  leave  the  Academy  —  I  enter  the  law  school 
at  Valparaiso,  Indiana 48 

CHAPTER  VIII 

MY   FIRST  POLITICAL   CAMPAIGN 

I  am  a  candidate  for  the  office  of  superintendent  of 
schools  of  Knox  County,  Kentucky  —  I  make  a  can- 
vass of  the  mountain  districts  —  I  take  part  in  joint 
debates  —  I  am  graduated  from  law  school  and 
elected  to  office 52 

CHAPTER  IX 

MARRIAGE 

Responsibility  of  office  —  I  begin  to  practise  law  —  My 

marriage  —  The  sudden  death  of  my  wife  ....      6l 

CHAPTER  X 

AGAINST  ODDS 

I  am  again  a  successful  candidate  —  I  take  a  post- 
graduate course  in  law  at  Center  College,  Danville  — 
Stump-speaking 66 


CHAPTER  XI 

THE   KENTUCKY  PROBLEM 

PAGE 

Affairs  in  Kentucky  in  1899  —  The  Goebel  Election  Law 

—  Opinion  of  Henry  Watterson  —  The  effort  of  the 
Democrats  to  have  the  law  declared  constitutional  — 
The  outlook  for  Democratic  success  in  the  campaign 

of  1899 71 

CHAPTER  XII 

THE  DEMOCRATIC   MACHINE 

The  Democratic  state  convention  at  Music  Hall,  Louis- 
ville —  Many  contesting  delegations  —  Excitement 
over  the  temporary  chairman's  decision  —  Bailiffs  fail 
to  preserve  order  —  Election  of  Redwine  as  perma- 
nent chairman  —  Machine  work  —  Stone  proposes 
terms 77 

CHAPTER  XIII 

THE  CONVENTION   DECIDES 

Continuance  of  Democratic  Convention  at  Music  Hall  — 
Despair  of  delegates  —  Judge  Redwine  refuses  to 
entertain  a  motion  to  adjourn  —  Goebel  is  nominated 

—  Democratic    ticket  —  Independent    Democrats    re- 
pudiate the  ticket  of  the  Music  Hall  Convention  — 
Objections    of    Prohibitionists — Anti-Goebel    move- 
ment goes  on  —  Denunciation  of  the  Goebel  Election 
Law       85 

CHAPTER  XIV 

THE  REPUBLICAN   CONVENTION 

Race  for  nominations  on  the  Republican  ticket  —  State 
convention  at  Lexington  —  I  am  nominated  for  Sec- 
retary of  State 93 


CHAPTER  XV 

MR.    BRYAN   VISITS   KENTUCKY 

FAGB 

Goebel  opens  his  campaign  at  Mayfield  —  His  reluctance 
to  mix  with  people  —  Republican  campaign  begins  at 
London  —  Opening  of  anti-Goebel  campaign  at  Bowl- 
ing Green  —  Goebel  refuses  to  take  part  in  joint  de- 
bate —  Mr.  Bryan  on  the  stump  for  Goebel  —  Louis- 
ville election  board  removes  election  officers  ...  98 

CHAPTER  XVI 

ELECTION   DAY  IN    KENTUCKY   IN    1899 

Election  day  —  "Repeaters'  paradise"  —  Assembling  of 
military  —  Republicans  win  by  a  safe  plurality  — 
Democrats  claim  election  —  Election  board  renders 
decision  in  favor  of  Republicans 105 

CHAPTER  XVII 

THE   REPUBLICANS   STAND   FIRM 

Goebel  contests  decision  of  election  board  —  Democratic 
caucus  —  Evidence  of  Mr.  Harrel  —  Inauguration  of 
Taylor  —  Rules  of  Contest  Committee  .  .  .  .  ill 


THE   SHOOTING  OF  WILLIAM   GOEBEL 

Effort  of  Taylor's  attorneys  to  remove  Democratic  mem- 
bers of  contest  committees  —  Suit  to  enjoin  Taylor 
appointees  from  taking  oath  of  office  —  Republicans 
seek  to  arouse  the  people  —  I  bring  the  mountain 
people  to  Frankfort  —  Meeting  on  the  steps  of  the 
Capitol  —  I  go  to  Louisville  for  more  petitioners  — 
Goebel  is  shot — The  excitement  at  Frankfort  —  The 
military  is  called  out .  118 


CHAPTER  XIX 

MAKING   POLITICAL   CAPITAL 

PACK 

Demand  for  revenge  —  Governor  Taylor  convenes  the 
Legislature  at  London  —  Democrats  declare  Goebel 
and  Beckham  elected  and  later  falsify  the  records  of 
the  general  assembly  —  A  proclamation  —  Senator 
Goebel's  death  is  announced,  and  Beckham  takes  the 
oath  of  office  as  governor 126 


CHAPTER  XX 

AN  APPEAL  TO  THE~COURTS 

Sorrow  over  the  death  of  Senator  Goebel  —  Governor 
Taylor  rejects  the  Louisville  "Peace  Agreement"  — 
General  assembly  reconvenes  at  Frankfort  —  Two 
legislative  bodies  and  two  sets  of  state  officials  .  .  130 


CHAPTER  XXI 

DEMOCRATIC   SLEUTHS   BEGIN    WORK 

Decision  against  Republicans  —  Action  of  Legislature 
final  —  Goebel  partizans  threaten  to  take  forcible  pos- 
session of  the  offices  —  Situation  becomes  warlike  — 
The  Democrats  appropriate  one  hundred  thousand 
dollars  to  discover  and  punish  the  assassin  .  .  .  137 

CHAPTER  XXII 

MY   ARREST 

I  visit  my  father  and  mother  —  Threatened  with  arrest, 
I  seek  safety  in  flight,  but  am  taken  from  a  train  at 
Lexington  —  I  pass  a  gloomy,  apprehensive  night  in 
a  cell 142 


CHAPTER  XXIII 

FROM   LEXINGTON   TO   LOUISVILLE 

PAGE 

Nocturnal  visit  of  officers  to  my  cell  —  Handcuffed,  I 
am  taken  from  jail,  driven  across  country  to  a  rail- 
way and  hurried  to  Louisville  —  A  defense  fund  of 
ten  thousand  dollars 150 

CHAPTER  XXIV 

MY   PRELIMINARY    HEARING 

Before  Judge  Moore  —  The  late  T.  C.  Campbell's  record 
—  Wharton  Golden's  testimony  —  Dramatic  scene, 
pregnant  with  dire  possibilities,  that  finally  passes 
away  without  bloodshed  —  Moments  of  great  peril  to 
myself  —  I  am  denied  bail  and  go  back  to  jail  .  .  155 

CHAPTER  XXV 
THE  PROSECUTION'S  PLANS 

Arrest  of  Combs,  Noakes,  Youtsey  and  others  —  How 
Lawyer  Campbell  and  Arthur  Goebel  secure  a  "  con- 
fession "  from  Youtsey  —  Decision  against  Taylor 
and  Marshall  —  Report  of  the  grand  jury,  indicting 
myself  and  many  others  —  Federal  supreme  court  de- 
cides against  the  Republicans  —  Governor  Taylor's 
flight  to  Indiana  —  Denunciatory  Democratic  plat- 
form   164 

CHAPTER  XXVI 

REPUBLICANS   BARRED 

My  first  trial  before  Judge  Cantrill  —  Selection  of  a  par- 
tizan  jury  —  Disregard  of  the  law  for  the  purpose  of 
insuring  conviction  —  Campbell's  statement  in  behalf 
of  the  prosecution 176 


CHAPTER  XXVII 

A  POLITICAL   NECESSITY 

PAGE 

Trained  witness  for  the  Commonwealth  —  George  F. 
Weaver's  sensational  statement  in  regard  to  the  shoot- 
ing of  Senator  Goebel  —  Indictment  for  perjury,  but 
no  prosecution  —  Finley  Anderson's  false  testimony  183 

CHAPTER  XXVIII 

THE  VALUE  OF  AN  OATH 

Robert  Noakes  in  the  role  of  a  star-witness  —  Later  con- 
fesses himself  to  be  a  perjurer  —  W.  H.  Culton  exon- 
erates me  after  giving  sensational  testimony  —  F. 
Wharton  Golden's  evidence  —  Prosecution  calls  the 
Goebel  press  to  its  rescue 189 

CHAPTER  XXIX 

MY  DEFENSE  AND  MY  CONVICTION 

Judge  Faulkner's  statement  for  the  defense  —  My  testi- 
mony for  myself  —  Cross-examination  by  Lawyer 
Campbell  —  Address  to  the  jury  —  Verdict  of  guilty, 
with  penalty  of  life  imprisonment  —  Juryman  Porter 
—  My  card  to  the  public 195 


AFTER   THE  VERDICT 

I  am  again  taken  to  the  Louisville  jail  —  My  reflections 
on  the  way  —  I  find  myself  a  victim  of  injustice,  with 
no  prospect  of  redress  —  Charges  and  countercharges 
preceding  the  trial  of  Jim  Howard  —  Summary  of  the 
testimony  —  Howard  is  convicted  of  shooting  Goebel 
and  is  sentenced  to  death 204 


CHAPTER  XXXI 

TRIAL  OF   HENRY   E.   YOUTSEY 

FAGS 

Campbell's  deftly  woven  statement  —  Hunted  look  of  the 
defendant  —  His  fierce  denunciation  of  Arthur  Goebel 
and  paroxysmal  display  of  emotion  —  His  illness  and 
his  appearance  in  the  court-room  —  Jury  returns  ver- 
dict of  guilty,  with  imprisonment  for  life  .  .  .  213 


CHAPTER  XXXII 

A  REPUBLICAN   JUDGE  ELECTED 

Confessions  by  Anderson  and  Noakes,  admitting  they 
were  bribed  —  Youtsey  signs  an  affidavit  exonerating 
me  —  I  am  encouraged  by  a  change  in  the  political 
complexion  of  the  court  of  appeals 220 

CHAPTER  XXXIII 

A   NEW   TRIAL  GRANTED 

Four  Republican  appellate  judges  grant  Howard  and  my- 
self new  trials  —  Colonel  W.  C.  P.  Breckinridge's 
arraignment  of  the  Democratic  judges  —  Continua- 
tion of  the  prosecution's  "  Hang  and  damn  "  policy  — 
Captain  Ripley's  acquittal  —  Judge  Cantrill's  famous 
charge  to  the  Grand  Jury 225 

CHAPTER  XXXIV 

AGAIN   BEFORE  JUDGE   CANTRILL 

Governor  Durbin  declines  to  honor  requisitions  for  Tay- 
lor and  Finley  —  My  second  trial  a  repetition  of  the 
first  —  Judge  Cantrill  refuses  to  vacate  the  bench  — 
Twelve  partizan  Goebel  Democrats  act  as  jurymen  — 
Am  again  convicted,  and  sentenced  for  life  .  .  .  232 


CHAPTER  XXXV 

YOUTSEY  AND  THE  PROSECUTION 

FAG* 

J.  B.  Howard's  second  trial  results  in  change  of  sentence 
to  life  imprisonment  —  Berry  Howard's  acquittal  — 
Attempts  to  induce  Youtsey  to  make  a  "  new  "  confes- 
sion —  Torture  at  last  produces  a  statement  that  is 
satisfactory  to  the  prosecution  —  My  own  position  be- 
comes more  grave 237 

CHAPTER  XXXVI 
HOWARD'S  THIRD  TRIAL 

Cecil's  remarkable  testimony  —  Youtsey  tells  a  long  story, 
but  fails  to  connect  me  with  the  so-called  conspiracy 
to  kill  Senator  Goebel  —  Admits  having  perjured  him- 
self, when  confronted  with  affidavits  —  Is  again  con- 
victed and  sentenced  . 246 

CHAPTER  XXXVII 

MY   THIRD   TRIAL 

Death  of  my  father  —  I  am  not  permitted  to  attend  his 
funeral  —  Judge  Robbins  supplants  Judge  Cantrill  — 
Another  packed  jury  —  Youtsey  and  Cecil  testify 
against  me 253 

CHAPTER  XXXVIII 

CONDEMNED 

My  closing  argument  in  behalf  of  myself  —  Crowds  listen 
to  my  review  of  the  case,  in  which  I  arraign  the  pros- 
ecution—  Jury,  however,  finds  me  guilty,  attaches  the 
death  penalty,  and  I  am  sentenced  to  be  hanged  — 
Appeal  to  the  higher  court 259 


CHAPTER  XXXIX 

WHERE    MY   CASE   RESTS 

PAGE 

Tragic  end  of  T.  C.  Campbell  and  peaceful  death  of  for- 
mer Governor  Brown  —  Court  of  appeals  for  the 
third  time  declares  my  conviction  illegal  and  unfair 
and  grants  me  a  new  trial  —  I  am  awaiting  the  re- 
turn of  reason  and  justice 265 

CHAPTER  XL 

CONCLUSION 

My  story  written  under  difficulties  —  I  am  surrounded  by 
criminals  of  all  degrees  —  Noise  and  impertinent  curi- 
osity, instead  of  privacy  —  Five  years  in  prison  and 
still  no  final  determination  of  my  case  —  An  awaken- 
ing of  the  people  at  hand 271 

APPENDICES 

APPENDIX  A  Affidavit  of  Finley  B.  Anderson  .  .  .  279 

APPENDIX  B  Affidavit  of  Robert  Noakes 283 

APPENDIX  C  My  Address  to  the  Jury  During  My  Third 

Trial 295 

APPENDIX  D  Instructions  Asked,  and  Instructions 

Given,  During  My  First  Trial  .  .  .  469 
APPENDIX  E  Correspondence  Between  Governors  Dur- 

bin  and  Beckham 478 


LIST  OF  ILLUSTRATIONS 

Caleb   Powers Frontispiece 

Members    of   My   Family 5° 

In  My  Earlier  Days 64 

William    Goebel 72 

Goebel's  Home  in  Covington 90 

Colonel  "  Jack "  Chinn 100 

Goebel  and  Chinn  with  Members  of  the  Legislature     .     .  112 

Scenes  in  Frankfort 124 

A  Plan  of  the  Capitol  Grounds     , 134 

On   the   Capitol    Grounds 144 

The  Grand  Jury 168 

Some  of  the  Others  Indicted 186 

Robert  Franklin 198 

The  Judges  During  My  Trials 234 

My  Address  to  the  Jury 260 

Scenes  in  My  Quarters  in  Louisville  Jail 272 


MY  OWN  STORY 


MY  OWN  STORY 

CHAPTER  I 

BOYHOOD   IN   THE   MOUNTAINS 

My  reasons  for  writing  this  story  —  My  ancestors  —  My  life 
as  a  boy  in  the  Kentucky  mountains  —  Our  removal  to 
Brush  Creek 

One  of  the  masters  of  literature  has  said  that  a  book 
for  which  the  author  feels  an  apology  necessary  should 
never  see  the  light.  It  is  in  full  agreement  with  this 
sentiment  that  my  present  task  is  begun,  admitting, 
though,  that  if  there  is  any  book  for  which  the  author 
is  tempted  to  apologize,  it  is  one  of  an  autobiograph- 
ical character.  When,  however,  an  autobiography  is 
written  for  the  purpose  of  promulgating  the  truth, 
of  putting  before  the  public  facts  which  have  been 
misstated,  distorted,  misrepresented  —  especially  in 
a  case  where  life  and  honor  are  involved  —  there 
should  be  no  hesitation  on  the  part  of  the  writer,  even 
though  the  ego  is  more  conspicuous  than  modesty 
might  desire.  Thoreau  says  in  his  W olden:  "  I  would 
not  talk  so  much  about  myself  if  there  were  anybody 
else  whom  I  knew  as  well."  Let  his  excuse  be  mine. 
It  is  impossible  to  eliminate  self  from  an  autobiog- 
raphy ;  equally  impossible  to  present  certain  facts  and 
ideas  in  other  than  the  first  person. 

i 


2  MY  OWN  STORY 

Realizing  all  this,  and  more,  I  have  decided  to 
put  before  the  reading  public,  just  as  though  I  were 
relating  it  of  another,  an  account  of  such  periods  of 
my  life  as  seem  to  be  of  interest,  knowing  that  what- 
ever value  it  may  possess  is  not  intrinsic,  but  comes 
of  the  unprecedented  conditions  and  circumstances 
which  have  forced  me  into  becoming  a  somewhat  con- 
spicuous figure  in  the  criminal  and  political  history  of 
my  state.  Feeling  that  all  the  environments,  ambitions 
and  circumstances  that  affected  my  early  life  have  a 
bearing  upon  my  present  position,  I  relate  them  as  they 
recur  to  my  memory.  The  charm  of  reading  consists 
in  recalling  to  mind  what  is  already  known.  Litera- 
ture is  a  confession. 

My  father,  Amos  Powers,  was  born  December 
seventeenth,  1840,  and  was  reared  on  Patterson  Creek, 
Whitley  County,  Kentucky.  About  twenty  miles  dis- 
tant, my  mother,  whose  maiden  name  was  Elizabeth 
Perkins,  was  born  about  seven  years  before,  and  spent 
her  childhood  and  youth.  The  name  of  my  paternal 
grandfather  was  Jesse  Powers;  the  name  of  my 
mother's  father  was  Thomas  Perkins.  Both  were 
originally  from  Virginia,  and  on  the  way  to  the  promis- 
ing West,  they  stopped  and  cast  their  lot  and  fortune 
among  the  people  of  that  slandered  region  known  as 
the  mountains  of  Kentucky.  My  grandfather,  Jesse 
Powers,  was  killed  during  the  Civil  War,  fighting 
for  the  preservation  of  the  Union.  My  other  grand- 
father, Thomas  Perkins,  enlisted  in  the  same  cause; 
he  held  no  rank  in  the  army,  wanted  none,  and 
was  always  considered  a  genial  comrade  and  an  all- 
round  good  fellow.  He  was  married  twice,  and  had 
by  his  first  marriage  a  large  family,  consisting  of 


BOYHOOD  IN  THE  MOUNTAINS          3 

three  sons,  Wiley,  Sterling  and  Peter,  and  three  daugh- 
ters, Nancy,  Margaret  and  my  mother.  There  were 
no  children  by  the  second  marriage.  Thomas  Perkins 
was  a  slaveholder  at  the  beginning  of  the  Civil  War, 
but  liberated  his  negroes  before  he  became  a  volunteer 
in  the  Union  Army.  My  uncle  Caleb,  for  whom  I  was 
named,  is  the  only  brother  my  father  had ;  they  had  one 
sister,  Katherine.  My  uncle  Caleb  is  an  unostentatious, 
level-headed  man,  of  a  cool  and  calculating  disposition. 
Neither  he  nor  my  father  ever  sought  office.  Both  my 
father's  and  mother's  people  have  led  lives  of  compara- 
tive obscurity,  rarely  seeking  political  preferment ;  but, 
when  they  sought  it,  they  were  generally  successful. 
A  number  of  them  from  time  to  time  have  been 
elected  to  county  and  district  offices. 

In  the  early  days  the  mountains  of  Kentucky  af- 
forded few  advantages,  and  not  many  of  my  an- 
cestors obtained  more  than  a  common-school  educa- 
tion ;  but,  with  rare  exceptions,  the  kinspeople  of  my 
mother,  who  were  numerous,  were  men  and  women 
of  exceedingly  strong  character,  possessed  of  fine 
native  ability,  and  took  an  active  part  in  local  affairs, 
while  one  of  my  uncles,  Peter  Perkins,  was,  at  the  time 
of  his  death,  a  man  of  considerable  means. 

My  mother  has  been  married  twice,  and  by  her 
first  marriage  had  two  children,  Uriah  and  Nancy 
Blakeley.  After  her  first  husband  lost  his  life 
in  the  Civil  War,  she  lived  several  years  a  widow, 
and  married  my  father  August  second,  1867.  As 
a  result  of  that  marriage  there  are  four  children,  John 
Lay,  Katherine,  Rebecca  and  myself.  I  am  the  oldest, 
and  was  born  February  first,  1869,  in  Whitley  County, 
Kentucky,  on  the  waters  of  what  is  known  as  Patter- 


4  MY  OWN  STORY 

son  Creek.  My  brother  and  sisters  were  born  in 
Knox  County,  Kentucky,  where  my  parents  moved 
when  I  was  less  than  a  year  old.  My  brother  was  born 
March  third,  1871 ;  my  sisters,  Katherine  and  Rebecca, 
March  twenty-sixth,  1876,  and  June  eighteenth,  1880, 
respectively.  Some  of  my  egotistic  kinsmen  have,  upon 
a  few  occasions,  stoutly  maintained  that  we  are  de- 
scendants of  Hiram  Powers,  the  sculptor,  and  therefore 
related  to  the  wife  of  President  Fillmore,  who  was  a 
Miss  Abigail  Powers,  a  descendant  of  Walter  Powers. 
But  as  to  the  fact  of  these  relationships,  I  am  not  pre- 
pared to  speak.  Be  the  relationships  as  they  may,  the 
chasing  of  pedigree  is  a  harmless  diversion,  whether  a 
man  has  much  or  little  to  chase.  I  leave  mine  here. 
Yesterday's  triumphs  belong  to  yesterday. 

My  father  devoted  his  life  to  the  farm  and  the 
education  of  his  children.  He  always  regretted  that 
he  did  not  adopt  the  law  as  a  profession;  conse- 
quently it  was  natural  that  from  my  boyhood  his  am- 
bition was  that  I  should  be  a  lawyer.  He  began  to 
train  me  early,  and  entered  me  in  the  public  school  of 
Knox  County  in  my  fifth  year.  Our  home  was  two 
or  three  miles  from  the  school-house,  so  I  traveled 
that  distance  every  day,  along  a  country  road,  down 
Poplar  Creek  Valley  to  the  country  school,  in  search 
of  some  learning  and  not  a  little  fun. 

I  remember  well  the  old  log  house  in  which  my 
education  was  begun.  It  had  one  window  and  one 
door ;  the  logs  were  hewn  oak ;  the  benches  were  sap- 
lings split  in  the  middle;  auger  holes  were  bored 
through  the  ends,  into  which  legs  were  pushed  in 
order  to  hold  them  up  in  the  form  of  a  bench,  and 
these  benches  were  placed  against  the  wall,  which 


BOYHOOD  IN  THE  MOUNTAINS          5 

served  as  a  back.  Th'e  floor  was  of  large,  hewn  poplar 
puncheons.  The  fireplace  had  a  large  open  mouth  that 
could  have  swallowed  half  the  pupils  without  difficulty. 

I  remember  taking  an  active  part  in  the  games, 
sports  and  mischief  that  went  on  at  school.  I  recall, 
particularly,  an  incident  in  which  I  figured  a  little  too 
conspicuously  for  my  own  peace  of  mind  and  body. 
After  painting  my  face  and  hands  with  pokeberry 
juice,  I  walked  into  the  school-room  during  study 
hours  to  witness  the  effect  of  my  appearance  upon  the 
pupils,  and  forthwith  felt  the  effect  upon  myself.  My 
teacher  soon  persuaded  me,  with  the  assistance  of  a 
long  beech  limb,  which  he  kept  near-by,  to  go  to  the 
mill-pond  and  wash  off  the  purple  dye  with  which  I 
had  adorned  myself.  In  fact,  I  was  frequently  cor- 
rected during  the  early  days  of  my  school  life,  but  as  I 
stood  well  in  my  classes,  this  in  a  great  measure 
palliated  my  wrong-doing;  and  I  escaped  the  teacher's 
correcting  rod  in  many  instances  where  I  merited  it. 

It  was  during  these  days,  and  before  I  was  thir- 
teen years  of  age,  that  I  fell  desperately  in  love  —  at 
least,  I  thought  I  did,  which  served  the  purpose  quite 
as  well.  The  object  of  my  affection  was  a  sweet,  mild- 
tempered  little  girl  of  about  my  own  age,  who  brought 
me  candies  and  apples,  and  with  whom  I  walked  home 
on  my  way  from  school.  Young  though  she  was,  she 
never  hesitated  to  declare  publicly  that  she  was  my 
sweetheart,  and  that  we  would  marry  when  we  were 
"  big  enough."  As  these  assertions  reflected  my  own 
sentiments  I  felt  quite  gratified  at  her  bravery  in  so 
courageously  declaring  them.  She  met  me  at  the  gate 
of  life,  and  I  thought  if  I  could  but  cling  to  her  skirts, 
she  would  take  me  to  Heaven.  It  was  my  firm  deter- 


6  MY  OWN  STORY 

mination  to  marry  her,  and  I  possibly  might  have 
done  so  had  not  my  father,  with  unfeeling  disregard 
for  our  romance,  moved  from  that  section  of  the  coun- 
ty. I  did  not  wish  to  go  away;  I  preferred  to  stay 
in  the  old  place  where  I  could  be  near,  and  occasionally 
see,  my  sweetheart ;  but  fate  was  inexorable. 

Our  new  home  was  on  a  farm  of  about  five  hundred 
acres,  on  Brush  Creek,  Knox  County,  Kentucky,  where 
my  mother  still  resides.  We  had  been  there  nearly 
two  years  before  I  again  saw  the  object  of  my  ad- 
miration. During  these  two  years,  I  had  often  thought 
of  going  to  see  her;  but  I  was  too  young  to  think  of 
going  a-courting,  and,  as  I  had  no  business  in  her  lo- 
cality, I  could  only  bide  my  time.  Finally,  I  had  an 
opportunity  to  attend  the  church  of  her  neighborhood. 
Arriving  there  one  Sunday,  I  awaited  her  coming  with 
much  impatience,  but  at  last  my  eye  fell  on  her.  I 
remember  that  there  were  five  ministers  present  on  that 
day ;  and,  as  was  the  custom  in  this  part  of  the  country 
at  that  time,  they  all  took  part  in  the  service,  so  it  can 
be  readily  imagined  that  the  ceremony  was  not  short. 
All  these  preachers  were  what  might  perhaps  be  called 
uneducated  men,  and  their  discourses  were  phrased 
in  homely  verbiage,  but  what  they  said  was  neverthe- 
less earnest  and  forceful. 

Two  of  these  gentlemen  wore  jean  trousers,  cot- 
tonade  shirts,  and  brogan  shoes.  The  men  of  the 
congregation,  with  few  exceptions,  had  on  rough, 
country  apparel ;  while  the  women  present  wore  sun- 
bonnets,  calico  dresses,  large  aprons  and  other  para- 
phernalia to  match,  or  intended  to  match.  As  is  still 
customary  in  the  mountains  of  Kentucky,  nearly  the 
whole  congregation  lingered  about  the  church  door 


BOYHOOD  IN  THE  MOUNTAINS  7. 

and  in  the  churchyard,  after  the  services,  to  exchange 
friendly  greetings.  It  was  in  the  churchyard,  then, 
that  I  met  the  sweetheart  of  my  school-days.  Surely 
this  was  not  the  same  girl  I  had  loved  so  devotedly 
two  years  before!  I  scarcely  knew  her;  she  scarcely 
knew  me.  She  was  changed.  She  was  no  longer 
trusting  and  confiding  in  her  manner,  but  shy  and 
self-conscious  —  as  elusive  as  the  ripples  that  play 
hide-and-seek  over  the  bosom  of  the  placid  lake.  Her 
brown  eyes  sparkled  more  brilliantly,  her  dark  hair  was 
carefully  arranged,  her  face  was  none  the  less  beauti- 
ful, but  it  was  not  the  face  I  had  known.  Lovers  dis- 
cover subtle  changes,  while  time  and  distance  only 
too  frequently  dissipate  love,  as  the  sun  dissipates  the 
morning  dew.  I  suppose  I  was  not  prepared  to  find 
her  almost  grown  into  womanhood,  and  was  conse- 
quently disappointed.  She  was  no  longer  my  ideal.  I 
no  longer  loved  her. 

The  crowd  soon  dispersed  up  and  down  the 
country  road;  some  went  across  the  paths  through 
the  fields,  some  on  horseback,  some  on  muleback,  some 
afoot.  Some  horses  carried  one  person,  others  two, 
and  not  a  few  bore  even  heavier  burdens.  As  the 
members  of  this  little  congregation  departed  for  their 
homes,  or  the  homes  of  their  neighbors,  "  How  is 
your  crop  ?  "  "  Come  to  see  us,"  and  "  How  are  all  at 
home  ? "  were  remarks  frequently  heard.  Soon  all 
were  gone,  and  I  was  left  alone  in  the  deserted  church- 
yard. I  felt  lonely,  for  I  knew  no  one  very  well  except 
my  sweetheart,  and  I  knew  her  no  more. 

For  a  few  moments  I  was  left  in  reverie.  The 
sluggish  waters  of  Poplar  Creek  crept  by  me  near 
at  hand;  the  shadows  from  the  tall  oaks  standing  in 


8  MY  OWN  STORY 

the  churchyard  protected  me  from  the  burning  rays 
of  the  sun.  Two  tall  mountain  peaks  rose  on  either 
side  of  the  creek ;  there  were  corn-fields  in  the  bottom- 
lands, corn-fields  on  the  hillsides,  but  I  was  thinking 
little  of  stream,  or  sun,  or  growing  corn.  My  thoughts 
were  not  of  these.  It  is  said  that  there  is  something  in 
the  surroundings  of  the  mountaineer, —  the  solitude  of 
the  mountains,  the  close  and  constant  intercourse  with 
nature, —  which  causes  him,  at  an  earlier  age,  to  take  a 
more  serious  view  of  life  than  do  those  who  dwell 
in  less  elevated  lands.  Be  that  as  it  may,  I  question 
whether,  at  any  age,  my  disappointment  could  be  more 
acute  than  on  that  quiet  Sunday  as  I  stood  in  the 
silent  churchyard,  looking  at  the  past  and  future. 
A  boyish  dream  was  then  and  there  left  behind,  and 
though  I  had  perhaps  no  definite  idea  or  plan  for 
the  future,  yet  I  began  to  wonder,  in  a  vague  way, 
what  it  might  bring  forth.  In  this  mood,  half -melan- 
choly, half -retrospective,  I  mounted  my  horse  and 
made  my  way  back  to  my  home. 


MY  FIRST  SPEECH 

I  matriculate  at  Union   College  —  The  college   debate  —  My 
first  oratorical  effort  —  I  teach  ray  first  school 

My  father's  farm  was,  and  still  is,  a  very  good  one 
for  the  section  of  the  country  in  which  it  lies.  He 
always  kept  it  in  an  excellent  state  of  cultivation,  re- 
taining several  tenants  on  the  place.  Plowing  corn, 
chopping  weeds,  raking  hay  and  doing  a  thousand 
and  one  chores  about  the  farm,  made  up  my  occupa- 
tion until  the  fall  school  began;  and,  let  me  say  it  in 
my  own  favor,  I  worked  as  well,  possibly  better,  when 
my  father  was  not  looking  at  me  as  I  did  when  he 
was.  In  his  presence,  I  made  footprints  on  the  sands 
of  time,  plowing  up  and  down  Brush  Creek  bottom.  I 
continued  this  at  intervals  until  I  was  fifteen  years  of 
age.  After  that  I  worked  but  little  on  the  farm.  From 
the  time  we  had  moved  to  Brush  Creek,  I  had  been  less 
wayward  in  school,  and  had  confined  myself  closely  to 
study,  so  that  before  I  was  fourteen  years  of  age  I  had 
completed  Ray's  Practical  Arithmetic,  and  had  almost 
completed  Elementary  Algebra. 

A  short  time  before  I  was  sixteen  years  old,  I 
matriculated  in  Union  College,  at  Barboursville. 
I  was  somewhat  small  for  my  years,  had  lived  all 
my  life  in  the  country,  among  country  people,  and 
knew  very  little  about  town  or  city  life.  It  had 

9 


io  MY  OWN  STORY 

always  appeared  to  me  that  the  towns  and  cities  had  a 
superfluity  of  folk.  I  had  often  wondered  how  people 
in  these  places  made  their  living.  I  had  been  in  Bar- 
boursville,  my  home  town,  on  a  number  of  occasions, 
and  the  people,  as  it  then  seemed  to  me,  were  all  idle 
,  and  well-dressed.  I  did  not  understand  how  this 
could  be. 

It  was  among  these  idle,  well-dressed  people  that  my 
father  had  decided  to  send  me  to  school.  The  prin- 
cipal hotel-keeper  of  the  place,  Mr.  W.  B.  Anderson, 
was  an  old  friend  of  my  father's,  and  to  his  house  I 
was  sent  to  board.  He  gave  me  a  small  up-stairs  room, 
which  I  shared  with  two  other  college  students.  These 
were  two  of  the  leading  spirits  of  the  college,  and  they 
proceeded  to  initiate  me  rather  rapidly.  As  a  begin- 
ning, the  morning  after  my  arrival,  they  escorted  me 
up  to  the  college,  and  introduced  me  to  Professor 
Hartford  P.  Grider,  president  of  the  school.  He  was 
a  large,  frank-faced,  kind-hearted  man,  who  seemed 
to  realize  at  once  that  I  was  an  inexperienced  boy 
from  the  country,  and  needed  his  sympathy  and  guid- 
ance. When,  from  the  little  bag  in  which  I  carefully 
carried  them,  I  pulled  the  books  I  used  in  the  country 
school,  he  very  kindly  told  me  that  these  text-books 
were  not  used  at  the  college,  and  that  I  should  have 
to  purchase  others  —  a  thing  which  struck  me  as 
something  of  an  infringement  of  a  boy's  rights ;  for 
I  had  been  accustomed  to  use  whatever  text-books  I 
desired,  or  that  chanced  to  be  convenient.  I  saw  that 
the  college  rules  were  evidently  different  from  those 
of  the  country  school,  so  I  reluctantly  bought  a  new 
set  of  books,  and  began  my  school  career  anew. 
When  the  professor  assigned  me  a  patent  desk  (the 


MY  FIRST  SPEECH  11 

first  I  had  ever  seen)  the  eyes  of  every  student  in 
the  room  were  fixed  upon  me.  I  was  a  new  boy  in  the 
school.  That  I  was  from  the  country,  my  dress  and 
appearances  clearly  indicated.  Society  punishes,  not 
those  who  sin,  but  those  who  fail  to  conceal  it,  and 
my  sin  was  apparent,  for  I  was  countrified  beyond 
concealment.  I  fancied  that  a  goodly  number  of  my 
future  companions  looked  at  me  sneeringly.  I  was  not 
one  of  them,  or  had  not  been  until  a  few  moments  be- 
fore, and  it  struck  me  they  were  not  particularly 
proud  of  their  new  acquisition.  Taking  this  view  of 
the  situation,  I  did  not  care  in  the  least  whether  they 
were  glad  or  sorry  to  have  me.  I  was  there,  and  I 
meant  to  stay.  At  the  first  recess  the  boys  and  I  had  it 
out,  as  boys  will,  but  after  this  all  was  smooth  sailing. 
Through  the  persuasion  of  my  room-mates,  E.  B. 
Hemphill  and  John  C.  Main,  I  joined,  the  lit- 
erary society  the  first  day  I  was  at  college.  This  was 
a  new  feature  of  school  life  to  me ;  and  it  was  the  first 
society  of  the  kind  of  which  I  had  ever  been  a  mem- 
ber. I  was  selected  as  one  of  the  judges  of  the  dis- 
cussion which  was  to  take  place  that  night,  and,  in 
consequence,  felt  that  I  was  being,  promoted  rather 
rapidly.  The  society  was  to  give  a  public  entertain- 
ment the  following  night,  but  it  became  known  on  the 
night  of  my  initiation  into  the  society  that  the  leader 
on  the  negative  side  of  the  debate  could  not  participate 
in  the  discussion.  After  several  unsuccessful  attempts 
to  fill  the  vacancy,  my  name  was  finally  suggested,  and  I 
was  selected.  I  was  lacking  in  the  elements  of  caution 
and  prudence,  so  I  accepted,  without  really  knowing 
what  was  to  be  done  on  the  occasion.  I  did  not  know 
that  the  whole  town  would  be  invited,  and  that  it  would 


12  MY  OWN  STORY 

certainly  come.  I  supposed  the  program  would  be 
similar  to  the  one  I  had  just  seen  rendered,  and  I 
was  quite  willing  to  take  part  in  an  affair  of  that  kind, 
for  I  regarded  it  as  a  source  of  improvement.  I  was 
there  to  learn  all  that  could  be  learned,  as  I  saw  it 
at  that  time. 

At  length  I  began  to  inquire  of  my  schoolmates 
something  about  the  nature  of  the  coming  entertain- 
ment. They  told  me,  with  a  lightness  of  manner  which 
ill  accorded  with  my  feelings,  that  the  event  in  which 
I  was  to  figure  so  conspicuously  was  to  be  a  public 
performance  in  which  the  town-folk  took  great  interest. 
They  said  that  the  legal  and  medical  fraternity  would 
turn  out  en  masse;  that  the  business  interests  of  the 
place  demanded  that  the  business  men  and  their  wives 
and  daughters,  by  their  presence,  should  lend  encour- 
agement to  the  school ;  that  practical  fathers  and  inter- 
ested mothers  would  be  there  to  judge,  by  what  they 
saw  and  heard,  the  school's  fitness  as  a  place  to  which 
they  might  send  their  sons  and  daughters ;  and  that  the 
elite  of  Barboursville  would  be  present,  because  of  the 
amusement  the  occasion  would  afford.  Every  town 
in  America  has  its  "  smart  set." 

My  heart  sank  within  me  when  they  were  through 
with  their  tale,  for  me  so  full  of  unexpected  news. 
It  was  apparent  to  me  that  I  was  in  a  bad  position. 
What  to  do  under  the  circumstances,  I  could  not  de- 
cide. My  first  impulse  was  to  have  myself  relieved 
from  the  duty.  My  room-mates  informed  me,  however, 
that  it  was  then  so  near  the  hour  of  the  entertainment 
that  it  would  be  impossible  to  draft  a  substitute.  They 
went  on  to  say,  too,  that  to  attempt  to  get  myself  re- 
lieved from  the  duty  at  that  late  hour  would  not  be 


MY  FIRST  SPEECH  13 

acting  a  fair  part  to  the  society,  of  which  I  had  so 
recently  become  a  member.  They  closed  their  argu- 
ment by  declaring  that  the  only  manly  course  left  for 
me  was  to  prepare  myself  thoroughly  on  the  points 
of  the  question  at  issue,  and  to  acquit  myself  credit- 
ably. As  these  new  acquaintances  were  my  only  ad- 
visers, I  accepted  their  solution  of  the  difficulty,  and 
began  the  preparation  of  my  address  with  the  utmost 
zeal  and  ignorance.  It  was  the  first  one  I  had  ever 
tried  to  compose. 

The  day  and  night  preceding  my  debut  on  the 
"  raging  stump  "  were  filled  with  soul-harrowing  fore- 
bodings. Besides  the  newness  of  my  position,  which 
was  in  itself  worry  enough,  there  was  the  terrifying 
fact  that  I  must  make  a  speech  to  the  learned  and 
fashionable  of  Barboursville.  In  anticipation  it  was 
to  me  a  very  trying  ordeal.  Nor  did  Father  Time 
call  a  halt  to  his  fleetest  steeds  in  order  to  give  me 
an  opportunity  for  preparation;  the  fateful  even- 
ing came,  just  as  usual,  dragging  behind  it  the  dra- 
peries of  night.  I  was  in  my  room  poring  over  my 
address,  and  trying  to  decide  what  to  say,  and  how  to 
say  it,  when  the  college  bell  rang  loud  and  clear.  This 
was  the  summons  to  the  college  chapel.  When  my 
room-mates  left  me,  I  had  given  them  my  promise  that 
I  would  not  fail  them,  so  nothing  remained  for  me 
but  to  go.  Differing  from  the  wife  of  one  of  our 
mountain  representatives,  who  before  attending  the 
theater  in  Louisville,  announced  that  she  was  going 
"  but  would  not  take  part,"  I  was  not  only  going,  but 
would  also  take  part.  I  hurriedly  gathered  my  copious 
notes  on  the  negative  side  of  the  new  and  burning 
subject :  "  Resolved :  That  Christopher  Columbus  is 


14  MY  OWN  STORY 

entitled  to  more  credit  for  discovering  America  than 
George  Washington  for  defending  it,"  and  made  my 
way  to  the  scene  of  combat.  The  house  was  crowded ; 
as  predicted  by  my  two  friends,  the  town  had  turned 
out  in  full  force.  It  was  the  best-dressed  audience  I 
had  at  that  time  ever  seen.  I  did  not  know  then  the 
year's  fashions  from  those  of  the  year  before;  but  I 
learned  later  that  a  goodly  number  of  those  present 
were  fashionably  dressed. 

The  program  was  in  progress  when  I  reached  the 
chapel.  The  affirmative  speaker,  Mr.  S.  A.  D.  Jones, 
was  waxing  warm  on  the  merits  of  his  side  of  the  sub- 
ject. I  entered  by  the  side  door,  and,  in  a  timid  step 
or  two,  reached  the  seat  which  was  left  for  me  near 
the  center  of  the  stage.  That  the  audience  was  largely 
composed  of  women  was  a  fact  that  greatly  embar- 
rassed me.  I  tried  to  regain  my  self-possession.  I  at- 
tempted to  straighten  out  my  notes  and  arrange  the 
points  of  my  argument ;  I  could  do  neither.  Mr.  Jones, 
who  was  many  years  my  senior,  and  who  was  accus- 
tomed to  appear  in  public,  seemed  much  at  home  on 
the  floor.  He  was  making  a  veritable  opera-glass  of 
his  imagination,  and  was  calling  upon  me  to  answer 
this,  that,  and  the  other  argument  when  it  should  be- 
come my  turn  to  be  heard.  I  sat  there  wondering  if  I 
should  attempt  to  do  all  he  demanded  of  me,  and  what 
the  people  present  would  think  and  say  if  I  did  not. 
Finally,  the  affirmative  speaker,  in  thunder  tones,  punc- 
tuated with  violent  gesticulations,  finished  his  argument 
and  left  the  floor,  amid  applause  and  laughter.  When 
the  enthusiasm  had  subsided,  the  chairman  of  the 
meeting  announced :  "  The  first  negative  speaker, 
'Caleb  Powers.*' 


MY  FIRST  SPEECH  15 

As  there  was  nothing  else  to  do,  I  arose  and  said: 
"  Ladies  and  gentlemen,  and  Mr.  Chairman."  As  the 
ladies  and  gentlemen  were  nearer  to  me  I  addressed 
them  first,  and,  as  nothing  more  brilliant  or  convincing 
than  my  first  words  occurred  to  me,  I  repeated  them 
slowly  and  impressively.  By  this  time  all  eyes  were 
turned  on  me ;  my  tongue  was  tied.  Up  to  that  time  I 
had  never  questioned  but  that  my  hands  and  arms 
had  been  properly  attached  to  my  body ;  they  had  never 
before  been  in  my  way.  That  night  they  were  not  only 
in  my  way,  but  they  seemed  to  grow  and  multiply  until 
I  could  have  sworn  I  was  all  hands  and  arms.  The 
multitude  of  hands  twitched  nervously  at  my  side, 
thrust  my  handkerchief  into  my  pocket,  only  to  with-* 
draw  it  immediately,  and  shifted  my  notes  from  one 
to  the  other,  all  at  one  and  the  same  time. 

Perhaps  I  should  have  been  able  to  follow  my  notes, 
had  they  not,  with  the  purpose,  no  doubt,  of  verifying 
that  part  of  the  Scriptures  which  says  "  the  last 
shall  be  first,"  succeeded  in  arranging  themselves  in 
that  order.  Realizing  that  they  were  perfectly  useless 
to  me  in  that  condition,  I  crushed  them  in  one  of  my 
numerous  hands,  glad  to  find  that  one  of  them  at  least 
could  be  put  to  use.  I  must  have  been  in  a  medita- 
tive rather  than  in  an  argumentative  mood,  for  several 
times  I  found  myself  lapsing  into  a  silence  which 
threatened  to  become  permanent.  When  I  succeeded  in 
arousing  myself,  I  was  seized  with  an  irresistible  desire 
to  repeat  my  original  oratorical  achievement  ol 
"  Ladies  and  gentlemen,  and  Mr.  Chairman."  I  re- 
strained myself,  however,  and  said  something  else,  just 
what  I  do  not  know :  but  I  do  know  that  I  failed  to  say 
almost  everything  I  had  intended  to  say.  I  felt  like 


16  MY  OWN  STORY 

one  irretrievably  defeated  on  the  broad  battle-field 
of  life,  a  child  scoffed  at  by  its  own  —  a  fledgling  in  a 
foreign  nest  —  but  the  audience  applauded  when  I  had 
finished;  and  this  courteous  appreciation  of  my  pitiful 
efforts  I  have  always  regarded  as  evidence  of  the 
generosity  of  Kentuckians. 

As  I  made  my  way  to  my  seat,  I  was  only  conscious 
of  an  intense  relief  that  my  part  was  done.  When  the 
program  was  completed  and  the  society  had  adjourned, 
the  few  friends  I  had  made  during  my  short  stay 
crowded  around  me  and  congratulated  me  upon  the 
"fine"  speech  I  had  made;  others  whom  I  did  not 
know  took  me  by  the  hand  and  gave  me  words  of  en- 
couragement; they  thought  I  needed  it.  Counting, 
then,  from  my  first  public  appearance,  thus  began  my 
public  career  —  certainly  not  a  very  auspicious  open- 
ing. In  the  college  circle  it  had  brought  me  some 
reputation,  and  in  a  short  time  I  succeeded  in  gaming 
the  good  will  of  my  teachers  and  fellow  students. 

At  the  close  of  the  commencement  exercises  I  re- 
turned to  my  father's  home  on  Brush  Creek.  He  was 
not  displeased  with  my  record  at  college,  but  told  me 
that  I  must,  in  the  future,  earn  the  money  with  which 
to  educate  myself.  My  father's  idea  was  to  throw 
me  upon  my  own  resources.  Though  his  means  were 
limited,  they  were  sufficient  for  him  to  have  as- 
sisted me  further,  had  he  thought  it  the  better  policy 
to  pursue.  Self-reliance  and  strict  economy  in  time 
and  money  were  the  great  lessons  he  impressed,  as  well 
as  the  fact  that  education  does  not  consist  in  mere  book- 
knowledge,  as  many  suppose.  If  the  cook  in  the 
kitchen  can  bake  a  better  johnny-cake  than  I,  to  that 
extent  she  is  more  highly  educated.  All  knowledge  is 


MY  FIRST  SPEECH  17 

related.  We  are  all  educated  in  something;  all  ignor- 
ant in  many  things  —  aye,  in  almost  everything.  My 
father  decided  that  I  should  pave  my  own  way  to  either 
success  or  failure;  that  the  world  in  which  I  was  to 
fight  the  battles  of  life  was  before  me ;  and  that  whether 
I  won  or  lost  its  battles  would  depend,  in  a  great  meas- 
ure, upon  myself.  He  believed  that  complete  isolation 
from  the  world  was  a  poor  way  to  prepare  for  the 
world's  work;  that  we  grow  proficient  and  strong  by 
doing. 

My  idea  was  to  teach  a  public  school,  if  I  could  merit 
a  certificate  of  qualification  and  obtain  the  school.  I 
made  application  for  the  district  school  on  Poplar 
Creek.  One  of  the  trustees,  being  a  personal  friend  of 
my  father's,  was  willing  to  employ  me ;  one  was  openly 
opposed  to  me,  while  the  remaining  trustees  made  my 
obtaining  a  first-class  certificate  at  the  approaching 
June  examination  a  condition  precedent  to  my  em- 
ployment. They  maintained  that  the  school  was  a 
large  one,  and  was  entitled  to  a  first-class  teacher. 

When  the  June  examination  for  teachers  was  held, 
I  was  among  the  applicants;  and  a  week  later  I  had 
the  good  fortune  to  receive  from  the  county  board 
of  examiners  a  first-class  certificate,  with  the  cheering 
information  that  I  had  the  highest  average  of  any  of 
the  applicants.  Naturally  I  was  pleased  with  the  re- 
sult of  the  examination,  and  presented  my  credentials 
to  the  trustees  of  the  Kitchen  District  School.  They 
complied  with  their  promise,  and  accepted  my  services 
as  a  teacher. 

I  tried  to  make  the  most  unruly  boys  in  the  school 
my  friends,  and  I  think  they  believed  me  when  I  ex- 
plained to  them  that  they  brought  upon  themselves 


18  MY  OWN  STORY 

whatever  punishment  was  given,  and  that  I  disliked  to 
punish  them.  Being  but  a  boy  myself,  I  could  enter 
heartily  into  their  games  and  sports.  I  dearly  loved 
children  then,  as  I  do  now,  and  it  gave  me  as  great 
pleasure  to  join  in  their  pastimes  on  the  playground 
as  to  witness  their  progress  in  the  school-room.  While 
strict  discipline  was  necessary,  I  was  always  glad  to 
forgive  them,  without  punishment,  any  faults  or  wrong- 
doings except  inattention  to  study  and  poorly  prepared 
lessons.  Sympathy  and  love  are  better  than  threats: 
they  secure  better  work,  save  more  souls.  He  who 
loves  the  most  is  the  best  teacher,  the  best  preacher. 

I  went  to  the  patrons  in  person  and  urged  them  to 
send  their  children  to  school ;  in  this  way,  their  coopera- 
tion was,  to  a  large  extent,  secured.  I  felt  keenly  the 
necessity  for  awakening  educational  interests  in  that 
part  of  the  country.  The  right  use  of  one's  faculties 
is  life;  the  wrong  use,  death.  Man  must  express 
himself  in  some  way.  If  only  the  animal  side  of  one's 
nature  is  developed,  the  soul  never  blossoms;  the 
higher  nature  withers,  dies. 

Few  of  the  school  patrons  were  possessed  of  even 
a  common-school  education.  The  opportunities  and 
facilities  for  the  education  of  the  parents  had  been  few 
and  meager,  and  these  were  not  always  embraced. 
They  were  satisfied  with  their  opinions,  content  with 
their  knowledge  —  a  recipe  for  continued  ignorance. 
Not  having  seen  the  best,  they  were  satisfied  with  less. 
Their  grandfathers  had  tilled  the  soil,  which  pro- 
duced corn  in  moderation  and  boulders  in  abundance. 
They  were  doing  the  same  thing  and  nothing  more. 
They  were  not  in  touch  with  the  spirit  of  the  times; 
they  were  cut  off  from  progress.  They  were  not  cog- 


MY  FIRST  SPEECH  19 

nizant  of  the  possibilities  in  their  own  children.  Young 
men  with  sufficient  native  talent,  if  properly  cultivated, 
to  cause  their  country  to  be  proud  of  them  and  their 
achievements,  were  growing  into  manhood  only  to 
live  as  their  fathers  had  lived. 

While  this  was  true  of  a  great  many,  it  was  not  true 
of  all;  some  there  were  among  the  younger  genera- 
tion, who  were  exerting  every  energy  to  fit  themselves 
for  a  life  of  future  usefulness.  Some  fathers  there 
were,  who,  though  far  removed  from  the  centers  of 
industry,  and  personally  undisturbed  by  the  spirit  of 
progress  or  the  mad  race  for  place  and  power,  still 
felt  an  anxious  ambition  that  their  sons  and  daughters 
should  be  educated,  in  the  widest  sense  of  the  word, 
and  prepared  to  take  their  places  in  the  front  ranks. 
Among  these  people  I  had  been  born  and  reared.  I 
thought  /that  I  realized  their  needs,  and  I  spared  noth- 
ing to  serve  their  interests  to  the  very  best  of  my 
ability.  Others  have  taught  more  than  I  have,  and 
better  than  I  have,  but  none  ever  taught  with  more  zeal 
or  with  better  intentions. 


,  CHAPTER  III 

THE  GREAT  DEBATE 

I  argue  about  the  burning  question,  "  Resolved :     That  the 
earth  is  round"  —  The  judgment  of  my  peers 

During  this,  my  first  term  of  teaching,  I  organized 
a  literary  society,  as  an  annex  to  the  instruction  given 
in  the  school-room.  Other  teachers  throughout  that 
section  of  the  country  had  been  successful  in  organ- 
izing societies  of  this  kind,  and  public  debating  had 
become  popular.  I  shall  always  remember  some  of 
these  debates.  Our  subjects  for  discussion  ranged 
from  the  most  trivial  matters  to  the  gravest  and  weight- 
iest affairs  of  state.  Ministers,  patrons,  and  teachers 
from  different  neighborhoods  entered  heartily  into  this 
argumentative  warfare.  We  discussed  the  subjects 
at  issue  with  such  vehemence  and  gesticulation  that 
the  participants  were  themselves  always  exhausted,  be- 
fore they  had  exhausted  the  subjects  for  discussion. 
Could  sonic  of  these  oratorical  gems  now  be  heard  by 
our  city  folk,  they  would  be  found  far  more  amusing 
than  minstrel,  circus  or  theater. 

There  was  one  debate  which  particularly  impressed 
itself  upon  my  memory.  Mr.  E.  B.  Hemphill  and  I 
were  pitted  against  two  loquacious  ministers  of  the 
neighborhood  upon  the  up-to-date  subject :  "  Re- 
solved :  That  the  earth  is  round,  and  that  the  sun  is 
stationary."  The  debate  was  to  take  place  on  a  Sun- 

20 


THE  GREAT  DEBATE  21 

day  afternoon,  and  two  weeks  had  been  given  to  ad- 
vertise it  thoroughly.  The  announcement  that  such 
an  exciting  event  was  to  take  place  created  consid- 
erable interest  and  no  small  comment  throughout  the 
surrounding  country.  There  were  some  who  held 
the  earth  to  be  round.  Others  contended  that  it  was 
flat ;  that  it  had  four  corners ;  and  that  the  Bible  sus- 
tained them  in  their  contention.  One  of  the  country 
teachers  will  be  long  remembered  in  that  locality  be- 
cause of  his  candid  admission  that  the  position  on 
the  subject  held  by  the  majority  of  his  patrons  would 
decide  for  him  whether  he  taught  the  "  round  "  or  the 
"  flat  "  system  in  his  school.  My  colleague  and  I  in  the 
debate  took  the  position  that  the  earth  was  round,  and 
that  the  sun  was  stationary.  We  collected  what  proof 
we  could  to  sustain  us  in  our  position,  preparatory  to 
"  the  battle  of  the  giants." 

After  days  of  waiting  the  time  for  action  came.  The 
weather  was  all  that  could  be  desired.  From  far  and 
near  the  country-folk  came  and  crowded  into  a  large, 
log  school-house  to  hear  that  unholy  discussion.  The 
house  was  too  small  to  accommodate  the  crowd  and 
although  there  was  a  large  church  near  by,  it  was 
deemed  too  sacred  an  edifice  for  such  a  debate.  Crowd- 
ing round  the  open  doors,  and  the  apertures  where 
the  windows  should  have  been,  stood  that  part  of  the 
eager  audience  that  failed  to  get  admission.  They 
craned  their  sunburnt  necks  and  strained  their  ex- 
pectant ears  to  catch  the  words  which  were  to 
determine  for  all  time  to  come  whether  the  earth  on 
which  they  lived  was  a  round,  revolving  body,  or  a 
flat,  immovable  surface;  whether  the  sun,  which  gave 
it  light  and  heat,  rose  early  in  the  morning,  traveled  all 


m 

day  for  their  especial  benefit,  and  then  labored  all 
night  in  getting  back  to  its  starting-point  to  be. ready 
the  coming  morning ;  or  whether  it  actually  stood  still, 
and  the  world  revolved  around  it.  It  was  a  momen- 
tous question.  Many  silvered  heads  set  upon  shoul- 
ders bent  by  burdens  of  care,  and  faces  furrowed  by 
Time's  relentless  touch  —  both  of  which  bespoke  a  long 
life  of  arduous  labor  and  constant  hardship  —  could 
be  seen  among  the  audience.  Knowing  that  Joshua  had 
commanded  the  sun  to  stand  still,  and  judging,  too, 
from  personal  observation,  they  felt  perfectly  confi- 
dent that  the  great  illuminator  of  the  universe  sped 
Swiftly  along  his  daily  course. 

It  was  soon  apparent  to  me  that  I  was  the  champion 
of  a  cause  which  was,  to  the  older  among  my  audience, 
not  only  unpopular,  but  regarded  as  heretical  in  itself. 
My  misgivings  as  to  the  unsympathetic  attitude  of  my 
prospective  audience  were  strengthened  by  the  ap- 
pearance of  the  two  ministers  who  were  to  take  the 
opposing  side  in  the  debate,  and  who  came  elbowing 
their  way  through  the  crowd,  each  with  a  Bible  under 
his  arm  and  each  wearing  a  long,  black  frock-coat.  On 
reaching  the  platform,  the  older  parson,  the  Reverend 
A;.J.  Baird,  who  had  a  high  classical  forehead  and  a 
pious-looking  face,  called  on  old  Brother  Bays  to  offer 
a  prayer  before  entering  upon  such  an  important  dis- 
cussion. Brother  Bays,  who  was  a  venerable-looking 
man  with  a  long,  flowing  white  beard,  rose  slowly,  and, 
in  a  voice  of  unusual  melody  for  a  man  of  his  age,  asked 
that  God  in  His  wisdom  be  present  to  control  the  trend 
of  the  debate ;  and  that  the  young  men,  whose  aged 
parents  had  lived  Christian  lives  and  had  set  for  them 
Christian  examples,  be  not  tempted  by  Satan  to  harbor 


THE  GREAT  DEBATE  23 

in  their  hearts  doctrines  of  disbelief,  or  sow  in  the 
minds  of  their  neighbors'  children,  whom  it  was  their 
duty  to  help,  guide  and  direct,  teachings  which  might 
ruin  their  lives  in  this  world  and  damn  their  souls  in  the 
next.  Brother  Bays  concluded  with  the  earnest  prayer 
that  this  would  be  the  last  occasion  upon  which  the 
young  men  would  range  themselves  against  their  God 
and  their  country's  interests.  This  exhortation  was 
responded  to  by  fervent  amens  from  many  voices. 

After  this  prayerful  address  it  was  patent  that  the1 
only  way  to  save  my  unfortunate  colleague  and  myself 
from  overwhelming  defeat  would  be  to  allow  every 
one  present,  the  young  as  well  as  the  old,  to  have  a 
voice  in  the  decision,  instead  of  submitting  it  to  elderly 
judges  alone.  My  plan  burst  like  a  bubble,  however, 
upon  its  very  first  suggestion.  Our  opponents  insisted 
strenuously  that  the  vanquished  should  know  he 
was  defeated;  and  the  victor  should  wear  laurels  un- 
claimed by  others.  So  only  three  judges  were  ap- 
pointed. That  was  the  first  instance  of  a  packed 
committee  I  had  ever  witnessed ;  since  then,  my  ex- 
perience in  this  line  has  broadened. 

The  three  judges  were  churchmen  and  good,  honest, 
upright  citizens,  but  their  verdict  had  been  formed 
before  the  argument  began.  What  is  it  that  prejudice 
will  not  lead  the  best  of  men  to  do  ?  Mr.  Hemphill,  my 
companion  in  prejudged  defeat,  whose  Roman  nose, 
sensitive  mouth  and  large,  brown,  well-set  eyes,  be- 
spoke for  him  quick  native  ability  and  a  talent  for  pub- 
lic speaking,  opened  the  debate  in  a  forceful  speech. 
He  was  followed  by  the  Reverend  J.  C.  Partin,  who 
made  a  broken,  fiery  appeal  to  the  audience  to  be  true 
to  the  teaching  of  Holy  Writ.  The  thought  of  the  pul- 


24  MY  OWN  STORY 

pit  is  rarely  in  advance  of  the  thought  of  the  pews.  It 
takes  a  strong  preacher  to  move  ahead  of  his  flock  and 
champion  an  unpopular  cause,  for  to  him  comes  os- 
tracism, if  not  exile. 

It  was  now  my  turn  to  be  heard.  Since  my  first 
effort  at  Union  College  as  a  speech-maker,  I  had  kept 
myself  much  in  evidence,  speaking  upon  any  and 
every  occasion  that  presented  itself.  Speaking  had 
a  fascination  for  me  and  I  was  always  eager  to  rush  in- 
to the  fray  of  public  argument.  The  "  stage-fright  " 
period  had  almost  worn  away,  and  I  was  beginning 
to  be  able  to  think  on  my  feet ;  but,  in  spite  of  myself, 
I  still  talked  rapidly,  and  often  coined  strange  words 
in  my  discussion,  and  used  some  of  those  already 
coined  in  a  way  never  intended.  There  was  one  conso- 
lation, however:  many  of  those  to  whom  I  talked  did 
not  know  whether  I  was  making  new  words  or  mar- 
ring old.  Although  I  had  grown  somewhat  in  grace 
since  my  first  oratorical  effort,  I  scarcely  knew  that 
there  was  such  a  word  as  elocution  in  the  English 
language ;  and  my  gestures,  if  it  is  not  doing  violence 
to  the  word  to  call  my  physical  demonstrations  by  that 
name,  would  have  done  credit  to  an  untrained  pugilist. 
They  were  in  marked  contrast  to  the  timid  manifesta- 
tions of  the  tamer  moment,  when  one  hand  is  in  partial 
use  while  the  other  is  secreted  at  the  back  of  the 
speaker,  as  if  it  had  already  done,  or  was  about  to  do, 
something  wrong.  On  this  famous  occasion,  I  used 
both  hands  and  arms  with  a  boldness  sufficient  to  con- 
vince even  a  doubting  observer  that  they  were  per- 
forming not  only  a  very  essential,  but  a  very  satisfac- 
tory part  of  my  work.  I  had  by  this  time  become 
sufficiently  versed  in  parliamentary  proceedings  to 


THE  GREAT  DEBATE  25 

know   that  the   chairman  should   be  first  addressed, 
which  I  proceeded  to  do  with  much  unction. 

What  was  the  effect  of  my  remarks  upon  the 
audience  I  will  not  venture  to  say  at  this  date,  but 
I  am  very  sure  that  I  then  considered  them  sufficiently 
forceful  to  make  the  sun  move  or  the  earth  stand.  My 
memory  is  equally  alive  to  the  fact  that,  in  spite  of 
my  "  eloquence,"  the  judges  decided  against  me  as 
promptly  as  a  Goebelite  jury  of  the  present  day  decides 
against  a  political  opponent  —  the  difference  being 
that  upon  the  first  occasion  I  deserved  my  fate.  The 
justice  of  that  decision  in  that  instance  did  not  soften 
its  sting.  I  knew  the  report  would  spread  around  the 
country,  my  little  world,  that  I  had  been  defeated  in 
debate.  I  could  see  no  solace  for  my  woe.  To  in- 
crease my  mortification,  there  was  present  a  handsome 
brunette,  at  whose  shrine  I  was  then  worshiping.  I 
had  gone  down  in  defeat  in  her  very  presence.  The 
meeting  adjourned,  and  we  traveled  back  to  our  homes 
on  the  flat  world.  On  the  way,  the  object  of  my  ad- 
miration said  to  me :  "  You  beat  them  all  speaking, 
and  if  I  were  you,  I  would  not  care  whether  the  judges 
decided  for  or  against  me."  What  balm  to  my 
wounded  soul!  I  have  always  thanked  her  for  those 
soothing  words.  To  the  lover  all  tokens  of  love  are  of 
equal  value,  and  at  that  time  I  considered  myself, 
indeed,  an  ardent  lover. 


CHAPTER  IV 

COLLEGE  DAYS 

My  life  at  the  state  college  —  I  learn  to  drill  —  I  teach  school 
again  —  Illness  —  My  appointment  to  West  Point 

As  soon  as  my  school  closed,  I  began  making  ar- 
rangements to  attend  the  Agricultural  and  Mechanical 
College  at  Lexington,  Kentucky,  for  the  remainder  of 
the  scholastic  year.  The  Reverend  S.  D.  Tinsley,  who 
was  then  my  father's  neighbor  and  who  had  been  a 
godfather  to  me,  heartily  indorsed  my  plan  of  going 
to  the  state  college,  as  the  Agricultural  and  Mechanical 
College  at  Lexington  is  generally  called.  The  Reverend 
Mr.  Tinsley  is  a  man  of  good  education,  is  thoroughly 
public-spirited,  and  richly  endowed  intellectually.  He 
often  told  me  of  his  own  college  life,  and  narrated 
many  anecdotes  of  his  own  youth  and  of  his  life  before 
he  became  sorely  afflicted  by  disease.  Those  to  whom 
fate  has  done  her  worst  often  have  no  quarrel  with  it, 
or  the  world,  but  retain  the  cheerfulness  of  youth  and 
keep  their  hearts  filled  with  sympathy  and  love.  Such 
is  the  Reverend  Mr.  Tinsley.  And  here  is  a  good 
place  to  remark  that  cheerfulness,  sympathy  and  love 
afford  a  ballast,  as  I  can  well  attest,  against  all  the 
sordid  impulses  and  disappointing  reverses  of  life. 

My  mother  was  not  favorable  to  my  going  away  to 
the  state  college.  She  argued  that  I  could  do  quite  as 
well  in  a  college  nearer  home.  I  could  see  that  she 

26 


COLLEGE  DAYS  27 

realized  I  would  not  be  much  longer  under  the  parental 
roof;  that  I  was  now  preparing  myself  for  the  duties 
and  responsibilities  of  life,  and  that  I  would  soon  as- 
sume them.  Even  to  attend  college  at  Lexington  was  a 
virtual  divorce  from  home.  My  mother  realized  it,  and, 
while  it  was  a  severe  trial  to  give  me  up,  she  consented 
when  convinced  that  it  was  best  for  me.  A  braver, 
nobler,  more  generous  heart  has  never  found  lodgment 
in  human  breast  than  my  mother's.  There  is  scarcely 
enough  cruelty  in  her  whole  being  to  brush  the  down 
from  a  butterfly's  wing.  Her  life  is  as  unselfish  as  the 
kiss  of  the  summer's  sun.  Her  children  have  been 
her  world;  for  them  she  has  lived.  She  has  always 
relied  implicitly  upon  what  I  said  to  her.  How  much 
better  it  is  to  be  victimized  occasionally,  than  to  go 
through  life  filled  with  distrust!  ;.,v(- 

After  a  stage-coach  journey  of  sixteen  miles  from 
Barboursville  to  Woodbine,  Whitley  County,  I  reached 
the  station  of  the  Louisville  and  Nashville  Railroad. 
In  a  few  hours,  the  passenger  train  came  shrieking 
over  bridges  and  purling  among  hills  on  its  way 
through  central  Kentucky.  I  bought  a  ticket  for  Junc- 
tion City,  and  boarded  the  train  for  my  destination.  .  A 
few  idlers  and  gossips  —  those  habitues  of  the  railroad 
station  —  lingered  round  the  depot  as  the  train  steamed 
out. 

I  had  all  the  misgivings,  as  to  my  intellectual  capac- 
ity, that  usually  beset  the  average  boy  with  educa- 
tional ambitions ;  just  where  I  belonged,  what  were 
my  capabilities,  were  problems  which  often  puzzled 
me.  Any  satisfaction  I  may  have  felt  in  the  few  petty 
triumphs  of  my  district-school  days  was  quickly  dis- 
pelled by  the  realization  that  the  field  of  action,  both 


28  MY  OWN  STORY 

for  myself  and  for  the  other  contestants,  had  been  too 
restricted  to  be  a  test  of  ability.  Thus  I  was  at  sea, 
but  I  reasoned  that  if  Providence  had  been  meager  in 
intellectual  gifts  to  me,  it  was  the  more  incumbent 
upon  me  to  make  the  most  of  my  poor  endowments, 
that  I  might  not  be  a  drone  through  life.  If,  on  the 
contrary,  I  was  blessed  with  an  intellect  above  the 
average,  the  greater  should  be  my  efforts  to  develop 
it  and  make  of  myself  all  I  was  capable  of  becoming, 
so  that  the  greater  should  be  my  success  in  the  days  to 
come.  After  all,  every  blessing  has  its  price,  every 
misfortune  its  advantage.  I  had  reasoned  in  this  way 
about  my  intellectual  capacity,  from  the  time  I  was  a 
mere  boy,  and  was  doing  so  now  as  I  sped  onward 
toward  the  fairest  land  on  earth  —  the  blue-grass  region 
of  Kentucky.  I  could  not  help  marking,  when  I 
reached  Kentucky's  fairy-land,  the  contrast  between  the 
extensive  fields  of  grass  and  the  solemn  everlasting  hills 
I  had  left  behind  me. 

Great,  massive,  colonial  structures,  with  huge  pillars 
in  front  —  the  character  of  architecture  peculiar  to 
Kentucky  —  stood  far  back  from  the  road.  The 
grounds  were  ornamented  by  tall,  well-trimmed  maples 
and  other  stately  trees,  with  blue-grass  growing  be- 
neath ;  well-kept  gravel  walks  and  driveways  led  to  the 
doors  of  the  handsome  dwellings.  I  envied  the  boys 
born  of  these  homes.  I  longed  for  their  advantages 
and  opportunities.  I  was  discouraged  as  I  contrasted 
their  lot  with  mine.  I  thought  of  their  wealth,  their 
high  social  connections,  their  influential  relations  and 
friends,  who  could  secure  for  them  honorable  posi- 
tions in  life;  but  above  all  I  envied  them  the  happy 
privilege  of  being  able  to  remain  in  school  ten  months 


COLLEGE  DAYS  29 

of  the  year,  while  necessity  compelled  me  to  work 
five  months  of  that  time  in  order  to  obtain  the  means 
whereby  I  might  remain  in  college  the  other  five.  I 
felt  that  it  was  all  unfair,  and  that  I  had  been  born 
under  an  unlucky  star.  The  train  stopped  at  a  station, 
and  some  of  these  fortunate  young  gentlemen  boarded 
it.  They  were  going  to  Lexington  to  attend  the  same 
college  to  which  I  was  going,  and  there  was  such  a 
marked  contrast  between  them  and  myself  that  I  en- 
vied them  afresh.  It  was  with  these  young  men  that  I 
would  have  to  contend  in  college,  and  I  feared  the  re- 
sult. I  did  not  realize  that  their  lives  had  drawbacks 
as  well  as  my  own,  and  that  the  ease  and  luxury  which 
were  theirs  created  in  some  cases  an  aversion  to  study. 
Few  can  stand  prosperity.  Emerson  well  says: 
"  While  he  sits  on  the  cushion  of  advantages  he  goes 
to  sleep."  But  this  was  not  true  of  all  the  boys,  for 
some  of  them  were  splendid  students. 

But  I  am  anticipating,  for  now  I  am  only  being 
driven  for  the  first  time  toward  the  state  college.  When 
I  stepped  from  the  omnibus,  I  was  ushered  in  and 
shown  up  two  flights  of  stairs  and  lodged  in  a  room  in 
the  dormitory.  The  term  of  college  that  follows  the 
holidays  had  begun,  yet  few  of  the  students  were  on 
the  campus  or  about  the  building;  the  place  appeared 
deserted.  The  loneliness  reflected  itself  in  the  melan- 
choly that  seized  me.  Later,  however,  I  found  I  had 
arrived  during  recitation  hour;  a  great  many  of  the 
students  were  at  class,  while  others  were  in  their 
rooms  preparing  to  recite. 

I  had  been  in  my  room  about  fifteen  minutes,  look- 
ing at  the  bare,  whitewashed  walls,  and  wondering 
what  kind  of  place  I  had  got  into,  when  I  heard  the 


.30  MY  OWN  STORY 

notes  of  a  bugle.  I  did  not  know  whether  the  house 
was  afire,  whether  dinner  was  ready,  or  war  begun, 
so  I. went  forth  to  investigate.  As  I  reached  the  col- 
lege building,  out  from  the  rooms  on  either  side  of  the 
hallway,  down  the  two  wide  stairways,  came  one  squad 
after  another  of  gray-uniformed,  brass-buttoned  young 
fellows,  keeping  step  in  double  file,  and  commanded  by 
one  of  their  number.  On  reaching  the  basement,  the 
command  was  given :  "  Squad  —  halt !  Right  face ! 
Break  ranks ! "  At  the  concluding  words,  those 
in  the  squad  who  had  held  their  arms  at  their 
side,  and  looked  straight  to  the  front,  uttering  not  a 
word,  broke  ranks  and  began  talking.  At  the  same 
time,  others  were  coming  into  the  building  from  differ- 
ent directions,  and  soon  the  hall  was  full  of  gray-suited 
young  soldiers  —  some  still  poring  over  their  books, 
some  talking  loudly,  others  laughing  and  jesting,  while 
others  sought  a  word  with  some  fair  friend  that  was 
nervously  looking  to  see  if  Mrs.  Blackburn,  who  had 
charge  of  the  young  women,  was  observing  the  for- 
bidden conversation.  The  bugle  spoke  again,  but  in 
different  notes  this  time.  All  over  the  hall  could  be 
heard  the  section  commanders  giving  the  military 
command :  "  Fall  in ! "  After  this  followed  the 
roll-call  of  the  various  sections;  then  the  boys  were 
marched  off  to  the  recitation  rooms,  and,  in  an  incredi- 
bly short  time,  the  great  basement  hall  was  deserted. 

I  was  leaning  against  one  of  the  pillars,  as  I  watched 
the  last  class,  with  military  tread,  march  out  of  view. 
It  was  all  new  and  strange  to  me.  Left  alone  in  the 
recently  crowded  but  now  deserted  hall,  I  realized  that 
none  of  these  student-soldiers  had  paid  any  attention 
:  to  me.  Some  of  them  had  looked  at  me  inquiringly ; 


COLLEGE  DAYS  31 

but  none  had  offered  a  word  of  greeting.  I  tried  to 
console  myself  with  the  thought  that  they  did  not 
know  I  was  soon  to  be  one  of  their  number,  though 
it  seemed  to  me  then  that  they  should  have  welcomed 
a  stranger  no  matter  what  his  mission.  I  thought  of 
my  mother  at  home,  and  wished  to  be  with  her.  I  had 
never  been  so  far  from  her  before,  and  I  did  not 
relish  the  reception  given  me.  I  was  homesick,  but  this 
I  did  not  dare  admit,  even  to  myself. 

I  had  never  thought  seriously,  until  then,  of  the 
military  feature  of  the  college,  and  wondered  why 
soldiers  were  being  made  of  the  students.  It  seemed 
to  me  that  one  of  the  objects  of  education  should  be 
to  teach  people  not  to  fight ;  I  did  not  understand  why 
they  should  be  educated  to  kill  one  another.  I  did  not 
want  to  be  a  soldier,  and  I  was  wondering  for  what 
position  in  life  such  a  training  would  fit  me.  My 
reverie  was  broken  by  the  rattle  of  a  sword  and  the 
quick  elastic  step  of  the  officer  of  the  day,  who  ap- 
proached me.  He  was  of  medium  height  and  strongly 
built ;  his  eyes  were  small  and  deep  blue ;  his  face  was 
frank  and  open,  while  his  heavy-set  jaws  were  indica- 
tive of  force  of  character.  He  saluted  me  courteously, 
addressed  me  in  a  kindly  voice,  and  inquired  what  he 
could  do  for  me.  This  was  Captain  C.  C.  Calhoun, 
who  later  won  distinction  as  a  lawyer.  When  I  ex- 
plained to  him  why  I  was  there,  he  conducted  me  to 
the  private  office  of  James  K.  Patterson,  the  president 
of  the  college,  to  whom  he  introduced  me,  and  then 
retired. 

That  the  president  was  a  hard  student  was  indicated 
clearly  by  his  pale  complexion  and  studious  expres- 
sion. Sandy  whiskers  descended  from  his  sharp 


32  MY  OWN  STORY 

nervous  chin,  and  the  general  outlines  of  his  face  and 
head  were  more  nearly  like  Shakespeare's  than  those  of 
any  man  I  have  ever  seen.  He  was  a  man  of  few 
words,  rather  cold  and  calculating,  with  more  head 
than  heart  power.  When  he  asked  me  for  what  pro- 
fession or  business  I  desired  to  prepare  myself,  I  re- 
plied that  I  had  not  yet  determined,  but  I  wanted  to 
take  such  a  course  in  college  as  would  fit  me  to  make 
a  great  deal  of  money,  and  to  make  it  easily  and  rapid- 
ly. A  broad  smile  illumined  the  president's  face,  and 
there  was  a  humorous  twinkle  in  his  eye. 

"  Well,  young  man,"  said  he,  "  I  hardly  think  you 
will  find  in  any  college  a  course  of  study  that  will 
meet  your  demand.  Whatever  may  be  your  calling  in 
after  life,  to  make  a  success  of  it  you  will  have  to  give 
it  thought,  energy  and  industry." 

This  was  a  very  disagreeable  revelation  to  me.  Be- 
fore that  I  had  held  the  idea  that  only  the  great,  toiling, 
struggling,  uneducated  masses  were  compelled  to 
labor;  that  men  who  were  highly  educated  and  held 
positions  of  power  and  influence  were  exempt  from 
vexations,  labors  and  worries.  When  a  boy  on  my 
father's  farm,  I  had  envied  the  "  lazy  lawyer,"  as  I 
then  called  him,  who,  during  the  long  summer  days,  sat 
in  his  office  far  from  the  reach  of  the  burning  rays 
of  the  noonday  sun,  and,  with  a  few  strokes  of  his 
pen,  earned  more  money  than  could  be  earned  in  a 
whole  month  by  a  man  laboring  on  a  farm.  At  that 
time  I  did  not  know  that  the  world  is  in  a  state  of  un- 
rest; that  humanity  is  in  a  condition  of  general  dis- 
satisfaction; that  each  one  is  striving  to  obtain  what 
he  has  not,  and  that  each  considers  his  lot  the  hardest ; 
that  all  are  searching  for  happiness,  which  few  find; 


COLLEGE  DAYS  33 

that  the  farmer  desires  the  leisure  of  the  law  office; 
that  the  lawyer  longs  for  the  so-called  independence 
of  the  farm.  It  is  known  to  all  that  the  labor  of  the 
physician  is  often  unappreciated  and  unremunerated ; 
that  the  lawyer's  life  is  one  of  arduous  study  and  un- 
tiring work ;  that  the  office-holder  and  office-seeker  are 
the  slaves  of  the  people, —  at  one  hour  they  are  sailing 
high  on  the  wave  of  popularity  and  public  approval; 
at  the  next  they  are  shipwrecked  on  the  shores  of 
slander,  defeat  and  disaster. 

I,  for  one,  little  realized  that  the  more  exalted  the 
positions,  the  heavier  are  the  burdens  and  the  graver 
are  the  responsibilities  attached  to  them.  I  thought 
that  those  who  labored  least  made  the  most  money, 
lived  the  best  and  were  freest  from  the  hardships,  ills 
and  ailments  of  common  humanity.  For  this  reason 
I  wished  to  be  educated,  that  I  might  be  among 
the  fortunate  ones !  and  so  I  informed  the  president 
of  the  state  college.  If  his  answer  threw  a  damper 
over  my  expectations,  it  did  not  prevent  me  from  de- 
ciding very  promptly  that  if  life  was  to  be  one  long 
struggle,  I  would  rather  fight  it  with  law-books  than 
with  hay- forks;  therefore,  on  that  day,  I  determined 
that  I  would  be  as  good  a  lawyer  as  was  in  my  power  to 
be,  and,  at  least,  please  my  father  in  the  choice  of  my 
profession. 

For  me,  the  half-year  was  a  hard  one.  I  had  to 
compete  with  students,  who,  besides  having  the  best 
of  training  before  they  entered,  had  been  in  college 
much"  longer  than  I  had  been.  I  was  anxious  to  stand 
at  the  head  of  my  classes ;  but,  as  I  remember  now,  I 
did  not  stand  at  the  head  of  a  single  one,  although  I 
labored  hard  to  that  end.  In  my  school  experiences  at 


34  MY  OWN  STORY 

home,  I  had  been  accustomed  to  hold  a  good  place  in 
all  my  classes,  and  it  was  very  painful  to  me  that  I 
could  not  do  so  then.  Still,  I  finished  that  term  with 
a  fairly  good  class  standing. 

At  the  close  of  the  college  year  I  returned  home, 
taught  my  second  school,  and  went  back  to  college  for 
another  five  months'  study.  During  this  term,  in  spite 
of  my  aversion  to  military  life,  Colonel  D.  W.  Clark, 
a  West  Point  graduate  and  commandant  of  the  state 
college  corps  of  cadets,  made  me  a  corporal  in  Com- 
pany A.  Perhaps  whatever  merit  I  possessed  as  a 
soldier  was  due  to  the  fact  that  I  was  a  strict  discipli- 
narian; be  that  as  it  may,  before  the  end  of  the  five 
months,  I  was  again  promoted,  this  time  to  the  posi- 
tion of  sergeant.  I  stood  fairly  well  in  my  classes, 
and  before  May  of  that  year,  I  had  become  an  active 
member  of  the  Patterson  Literary  Society. 

I  returned  to  my  home  at  the  end  of  the  college  year 
and  taught,  this  time  in  my  home  district,  and  went 
back  to  the  state  college  the  following  winter.  I  was 
then  promoted  to  the  rank  of  second  lieutenant  in  my 
old  company;  and  before  the  end  of  the  college  year, 
I  had  achieved  another  success;  for  I  was  also  con- 
sidered by  the  college  boys  a  fair  debater. 

During  the  month  of  May,  of  this  year  of  my  college 
life,  I  was  stricken  with  fever  and  taken  to  my  home. 
After  a  prolonged  illness  I  recovered,  taught  another 
country  school,  then  a  subscription  school  at  Boston, 
Kentucky,  and  again  returned  to  the  state  college  the 
following  winter.  In  June  of  that  year,  1890,  I  was 
appointed  a  cadet  to  the  United  States  Military  Acad- 
emy at  West  Point,  New  York,  and  left  my  home  pre- 
paratory to  entering  the  famous  school. 


CHAPTER  V 

A  NEW  OUTLOOK 

I  journey  to  West  Point  —  A  glimpse  of  the  national  capital 
—  I  prepare  for  examinations  —  The  ordeal  —  I  enter 
West  Point 

All  the  world  knows  that  West  Point  is  situated  on 
the  banks  of  the  Hudson  River  in  New  York.  To  at- 
tend this  far-famed  institution  of  learning  and  military 
training,  I  began  at  once  my  active  preparations.  By 
this  time,  my  dear  mother  had  become  somewhat  ac- 
customed to  my  absence  from  home.  She  no  longer 
objected  to  my  being  at  the  state  college  which, 
at  most,  was  not  a  long  distance  from  home;  but  she 
little  relished  my  going  so  far  away  from  her  as  West 
Point.  She  was  well  aware  of  the  fact  that  I  would 
be  permitted  to  return  only  once  in  four  years  and  that, 
at  the  end  of  this  visit,  I  might  be  sent  farther  away, 
possibly  to  some  distant  post  in  the  West.  My  father, 
on  the  contrary,  was  willing  to  relinquish  his  long- 
cherished  hope  of  seeing  me  a  successful  lawyer,  if  by 
so  doing  I  might  enter  the  Military  Academy  that  had 
produced  such  men  as  Sherman,  Sheridan,  Lee  and 
Grant. 

Though  my  father  had  no  love  for  war  and  was  al- 
ways a  quiet,  peaceful  citizen,  yet,  when  war  seemed 
to  him  justifiable,  whether  public  or  private,  he 
was  ready  for  it.  In  fact,  he  was  always  willing  to 

35 


36  MY  OWN  STORY 

defend  the  honor  and  dignity  of  his  country.  More- 
over, he  was  willing  that  I  should  do  likewise,  if  occa- 
sion demanded  it,  and  had  no  objection  whatever  to  my 
preparing  myself  for  it.  In  my  heart,  I  well  knew  I 
had  little  taste  for  a  military  career;  I  should  have 
preferred  to  educate  myself  for  the  practice  of  law. 
But  I  was  poor,  and  my  poverty  made  it  necessary  for 
me  to  provide  my  own  means  for  securing  an  educa- 
tion. It  was,  after  all,  education  I  was  seeking, 
and,  at  that  time,  it  seemed  to  me  that  it  would  be  no 
mean  end  to  my  ambition  to  obtain  this  education  at 
the  expense  of  the  Government  and  then,  eminently 
fitted  for  the  work  the  Government  expected  of  me 
in  return,  to  take  up  for  my  life  profession,  the  calling 
that  had  been  graced  by  some  of  the  nation's  greatest 
men. 

I  put  behind  me,  therefore,  the  impulse  to  continue 
my  preparations  for  a  lawyer's  career,  and  turned  my 
face  from  my  mountain  home  to  begin  the  journey 
that  would  bring  me  to  West  Point  and  the  threshold 
of  the  new  life  the  Academy  would  open  for  me.  It 
was  about  the  middle  of  June  that  I  started  eastward. 
My  arrangements  provided  for  a  few  days  in  Wash- 
ington. I  had  never  seen  my  country's  capital  and, 
as  I  was  preparing  to  enlist  myself  in  the  nation's  de- 
fense should  it  ever  prove  necessary,  it  was  of  course 
excusable  that  I  should  desire  to  visit  the  seat  of  Gov- 
ernment. 

Congress  was  in  session  and  I  made  my  way  to 
both  the  Senate  and  the  House.  In  the  former  I  was 
most  impressed  with  the  dignity  and  apparent  idleness 
of  the  members.  One  senator  was  delivering  a  speech, 
but  his  associates  paid  him  little  heed.  Some  were 


A  NEW  OUTLOOK  37 

writing  letters,  a  great  many  were  reading  papers, 
others  were  talking;  but  no  one,  it  seemed  to  me,  was 
paying  the  least  attention  to  the  oratorical  effort  of 
the  member  who  held  the  floor.  I  could  not  help 
wondering  why  the  gentleman  continued  speaking 
when,  as  it  seemed  to  me,  his  address  could  accom- 
plish nothing,  falling  as  it  did  on  a  heedless  audience. 
I  was  not  then  sufficiently  versed  in  politics  to  know 
that  he  was  speaking  for  reelection  alone,  that  possibly 
his  constituents  in  some  distant  state  of  the  Union 
composed  his  audience,  and  that  to  these  his  remarks 
were  addressed.  Later,  experience  taught  me  that 
the  papers  friendly  to  his  interests  in  the  state  he 
represented  would  publish  his  oration  in  full,  carefully 
designating  the  points  where  "  thunderous  applause 
and  prolonged  cheers "  greeted  his  periods,  even 
though,  in  fact,  the  speech  was  not  delivered  in  full 
and  no  applause  whatever  was  heard. 

From  Washington  I  journeyed  on  to  New  York 
City.  Here  my  eager  eyes  feasted  on  many  things 
that  we  did  not  have  at  Barboursville  —  and  I  make 
this  statement  with  all  due  respect  to  Barboursville. 
In  the  end,  however,  I  felt  somewhat  out  of  my  ele- 
ment; the  bigness  of  the  city,  its  noise,  the  roar  of 
its  traffic,  its  crowded  thoroughfares,  its  tall  buildings, 
dazed  me,  and  I  felt  no  reluctance  at  leaving  when  I 
boarded  the  Mary  Pozvell  (that,  I  think,  was  the 
boat's  name)  and  we  put  out  to  midstream  in  the  Hud- 
son, bound  for  West  Point. 

Only  ten  days  intervened  before  the  June  exam- 
inations at  the  Academy,  and  I  determined  to  make  the 
most  of  the  time  by  entering  the  training-school 
at  Highland  Falls,  a  place  some  ten  miles  below  West 


38  MY  OWN  STORY 

Point,  where,  I  thought,  if  I  were  extraordinarily 
diligent,  I  might  refresh  my  memory  somewhat  and 
be  all  the  better  prepared  for  the  examinations.  At 
Highland  Falls  I  found  two  dozen  or  more  candidates 
for  admission  to  West  Point,  all  looking  forward  with 
increasing  anxiety  to  the  crucial  tests  that  lay  ahead 
of  them.  Many  of  these  had  been  pursuing  a  special 
course  of  study  at  the  place  for  as  long  as  two  years ; 
nearly  all  of  them  were  exceedingly  proficient  in  the 
branches  of  study  required.  In  spite  of  this,  however, 
many  of  them  expressed  grave  doubt  as  to  their  ability 
to  undergo  successfully  the  exhaustive  examinations 
prescribed  for  entrance  into  West  Point.  This 
alarmed  me;  I  had  received  no  special  training  and 
had  not,  for  years,  reviewed  any  of  the  branches  of 
study  specifically  mentioned,  though  I  had  taught 
many  of  them. 

During  the  week  or  so  that  followed,  I  gathered 
much  information  concerning  West  Point.  I  learned, 
for  instance,  that  hazing,  as  practised  by  the  upper- 
classmen  upon  the  poor  plebe  during  his  first  year  at 
the  Academy,  was  by  no  means  of  a  mild  sort.  I  was 
bitterly  opposed  to  tyranny  of  any  kind,  especially 
to  hazing;  and  I  assisted  to  the  best  of  my  ability  in 
inducing  a  half-hundred  or  more  of  the  candidates 
to  organize  for  mutual  protection,  pledging  ourselves 
to  resist  any  and  every  form  of  hazing,  should  we 
be  fortunate  enough  to  gain  entrance  to  the  Academy. 

The  day  of  the  examinations  came,  and  we  who 
were  applicants  were  called  upon  to  appear  before 
the  board  of  examiners.  We  were  first  examined  for 
our  physical  fitness,  and,  in  this,  I  had  no  credits  to 
spare.  I  suffered  much  then,  and  ever  since,  with 


A  NEW  OUTLOOK  39 

stomach  trouble,  and  my  eyes  were  weak.  Still  I  suc- 
ceeded in  passing.  Then  followed  the  mental  exami- 
nation, a  test  that  was  at  once  thorough  and  rigid,  but 
scarcely  as  difficult  an  ordeal  as  I  had  been  led  to  sup- 
pose. The  subject  in  which  the  applicant's  ability  was 
put  to  the  severest  test  was  mathematics,  while,  in  other 
branches,  the  examinations  were  comparatively  easy. 
Two  days  of  hard  work  were  necessary,  however,  be- 
fore the  ordeal  was  ended  and  our  fates  had  been  writ- 
ten on  our  examination  papers  for  unraveling  by  the 
board  of  review. 

There  were  in  all  about  one  hundred  and  fifty  ap- 
plicants, and  at  the  conclusion  of  the  two  days' 
examinations,  some  were  in  high  spirits  and  many  in 
low.  But,  before  either  the  hopeful  or  the  despond- 
ent could  know  with  any  degree  of  certainty 
the  outcome  of  the  examinations,  several  days  must 
elapse.  During  this  interval  we  were  not  idle,  neither 
were  we  permitted  to  follow  our  own  inclinations. 
On  the  contrary,  we  were  somewhat  a  part  of  the 
institution  and  its  discipline.  This  fact  alone  was 
sufficient  to  subject  us  to  the  initiatory  processes  of 
hazing.  I  well  remember  the  first  command  given  me 
by  an  upper-classman ;  it  came  during  the  dinner 
hour  of  the  first  day.  Upper-classmen  and  under- 
classmen, seniors  and  plebes,  were  all  seated  in  the 
spacious  dining-hall,  and,  with  devouring  appetites, 
•were  rapidly  disposing  of  the  food  before  them.  At 
this  moment  an  elastic-footed  upper-classman,  with 
a  frozen  look,  hurriedly  approached  me.  He  did  not 
introduce  himself.  Whoever  heard  of  an  upper-class- 
man introducing  himself  to  a  plebe  or  fourth-class- 
man? Such  a  courtesy  is  not  on  record  since  West 


40  MY  OWN  STORY 

Point  was  established.  I  was  in  the  midst  of  my  meal 
when  the  cadet  reached  my  side.  "  Drag  in  your  chin 
and  stop  slouching  here  at  the  table,"  he  said  abruptly. 

I  was  determined  to  curb  both  my  temper  and  my 
tongue;  therefore  I  looked  at  him,  smiling,  and  then 
slowly  turned  my  eyes  back  to  the  table  and  continued 
my  dinner  without  uttering  a  word  or  moving  a  muscle 
that  might  signify  that  I  had  the  slightest  interition  of 
complying  with  his  command.  The  carelessness  of 
my  demeanor  incensed  him.  There  was  a  breathless 
stillness  in  the  hall;  I  looked  about  me  cautiously 
and  found  many  threatening  and  hostile  glances  turned 
in  my  direction.  At  the  same  moment,  a  poor  plebe 
at  another  table  was  guilty  of  an  audible  titter,  whether 
at  my  discomfiture  or  that  of  the  officer  who  had 
spoken  to  me,  I  do  not  know.  However,  he  was 
pounced  upon  with  the  remark :  "  Do  you  dare  to 
laugh  at  the  misery  of  one  of  your  comrades  ?  "  This 
came  from  a  surly-looking  upper-classman  at  his 
table.  Still  I  showed  no  disposition  to  obey ;  in  truth, 
I  was  rather  amused  than  frightened.  The  upper- 
classman  who  had  addressed  me  glowered  a  moment, 
and  turning  on  his  heel,  declared :  "  I  will  see  you 
later.  You  shall  pay  dearly  for  your  insolence."  And 
I  did. 

There  were,  however,  only  four  days  of  this  anx- 
iety and  suspense.  The  time  was  devoted,  for  the 
most  part,  to  "  setting-up  "  exercises  and,  to  no  little 
extent,  to  our  "  proper  "  hazing.  But  the  end  came 
finally,  when  those  who  had  taken  the  examinations 
were  summoned  to  hear  the  result  of  the  ordeal.  We 
were  lined  up  in  the  area  of  the  barracks  where  the 
officer  in  charge  announced  that  those  whose  names 


A  NEW  OUTLOOK  41 

he  would  call  should  fall  out  of  ranks.  Our  formation 
was  in  alphabetical  order,  those  whose  names  began 
with  A  standing  at  the  head  of  the  line.  As  it  had 
been  announced  that  the  officer  would  call  only  the 
names  of  those  who  had  failed  to  pass  the  examina- 
tions, my  own  anxiety  can  be  readily  imagined.  I  was 
obliged  to  wait  until  half  the  line  had  been  disposed 
of  before  I  could  learn  my  own  fate.  I  shivered 
like  one  with  the  ague;  my  breathing  was  labored; 
I  felt  as  if  life  itself  depended  on  my  name  not  being 
called.  The  B's  were  reached,  the  C's  passed,  and 
slowly  the  line  thinned  as  the  officer  approached  my 
name.  Finally  the  P's  were  reached;  my  suspense 
was  intense.  Two  boys  to  the  left  of  me  fell  out. 
Sickened  with  sadness,  the  poor  fellows  turned  on 
their  heels  and  walked  away.  Possibly  the  fondest 
hopes  of  their  lives  had  been  crushed,  but  none  then 
sought  to  heal  the  wounds  that  must  have  cut  deeply 
into  their  hearts.  The  officer  continued  to  call  the 
names  as  indifferently  as  though  no  one  had  been 
made  to  suffer.  My  own  name  did  not  pass  his  lips. 
Two  men  to  the  right  of  me  were  left  standing,  and 
then  the  line  was  again  broken  by  those  falling  out 
who  had  failed  to  pass. 

I  had  been  successful!  For  a  time  I  could  think 
of  nothing  else.  Yet  I  was  fearful  that  there  might 
have  been  some  error,  some  oversight ;  that  the  officer 
might  again  refer  to  his  list  and  find  he  had 
forgotten  or  neglected  to  call  my  name.  This  anxiety 
remained  to  harass  me  until  the  entire  list  had  been 
read  and  the  last  name  had  been  called.  Then,  fold- 
ing up  his  paper,  the  officer  announced  that  those 
remaining  in  the  sadly  depleted  line  were  from  that 


42  MY  OWN  STORY 

time  on  cadets  in  the  United  States  Military  Academy. 
We  were  ordered  to  report  for  duty  at  the  guard- 
house at  ten  o'clock  that  day.  It  is  needless  to  say  that 
my  feelings  of  fear,  dread  and  suspense  were  rapidly 
displaced  by  joy  unrestrained. 

For  the  few  days  following  we  remained  in  barracks  ; 
then  the  entire  cadet  body  was  transferred  to  the 
summer  camp  of  instruction,  and  all  text-books,  for 
the  time,  were  laid  aside. 


CHAPTER  VI 

SUMMER   CAMP 

I  spend  the  summer  in  camp  —  Hazing — I  arrest  my  superior 
officer 

We  had  no  sooner  been  established  in  camp  than 
it  became  known  generally  throughout  the  whole  corps 
of  cadets  that  I  had  openly  announced  I  would  not 
submit  to  being  hazed.  This,  it  was  apparent,  only 
made  the  enemy  all  the  more  determined.  Of  the 
original  number  who  had  pledged  themselves  to  resist 
this  petty  tyranny,  only  myself  and  one  other  still 
refused  to  submit  to  hazing.  The  others,  gradually, 
one  by  one,  ceased  to  offer  further  resistance  and,  in 
the  end,  became  the  victims  of  this  upper-class  des- 
potism. The  result  was  that  Mr.  Caldwell,  who,  I 
think,  was  from  Pennsylvania,  and  myself  were  made 
targets  for  the  whole  battalion. 

At  this  time  there  were  probably  half  a  hundred 
forms  of  hazing  practised  at  the  Academy.  Among 
them  were  "  doing  double  step  "  ;  "  chewing  stretcher  " ; 
"  swimming  to  Newburgh,"  which  consisted  in  forc- 
ing the  plebe  to  lie  flat  on  the  floor  of  the  tent  and 
imitate  the  motions  of  a  swimmer  in  the  water  until, 
in  the  judgment  of  his  tormentors,  he  had  exerted 
energy  enough  to  carry  him  to  the  little  town  of 
Newburgh,  one  mile  up  the  Hudson  from  West  Point ; 
"sub-Sammy  race,"  which  required  two  plebes,  both 

43 


44  MY  OWN  STORY 

of  whom  were  blindfolded,  to  feed  each  other  rapidly 
with  spoons  from  a  bowl  of  molasses ;  "  chasing  pedi- 
gree," which  consisted  in  compelling  a  plebe  to  trace 
his  ancestry,  beginning  with  his  earliest  progenitors 
and  coming  on  down  through  the  line  until  the  com- 
mandant's dog  and  himself  were  eventually  reached. 
Nor  were  these  all ;  there  were  other  forms  of  hazing, 
too  numerous  to  mention,  but  scarcely  less  severe. 
To  the  hazer,  resistance  was  as  salt  to  the  roast. 
Imagine,  then,  the  deep  interest  taken  in  Mr.  Caldwell 
and  myself.  Nevertheless,  we  successfully  resisted 
all  forms  of  hazing,  except,  of  course,  the  petty  an- 
noyances to  which  we  were  constantly  submitted  while 
in  ranks  and  under  the  direct  command  of  the  upper- 
classmen.  It  was  in  our  tents  at  night  that  the  most 
exciting  events  occurred.  This,  too,  after  a  day  of 
wearying  work,  many  manceuvers  with  artillery  and  no 
end,  apparently,  of  small-arm  drill.  Usually  I  was 
almost  completely  exhausted  when  the  day  was  done; 
but  whether  tired  or  rested,  my  nightly  visitors  ap- 
peared with  clock-like  regularity  and  indulged  them- 
selves in  such  annoyances  as  their  ingenuity  could 
devise.  While  in  camp,  each  cadet  was  obliged  to 
mount  guard  three  times  a  week.  The  guard  was 
divided  into  three  reliefs,  the  first,  second  and  third. 
Guard  number  one  was  put  on  duty  at  eight  o'clock 
in  the  evening  and  was  relieved  at  ten  o'clock  by 
guard  .number  two,  while  guard  number  three  fol- 
lowed at  twelve  o'clock  and  was  in  turn  relieved  again 
by  guard  number  one,  and  so  on  throughout  the  night. 
It  was  while  the  plebe  stood  his  post  on  such  occa- 
sions as  these  that  he  suffered  most  from  the  upper- 
classmen. 


SUMMER  CAMP  45 

It  was  the  special  duty  of  the  guard  to  protect 
the  sleeping  camp  from  the  attacks  of  an  imaginary 
enemy,  and,  at  all  times,  save  when  stormy  weather 
forced  them  to  seek  shelter  in  sentry  boxes,  they  were 
obliged  to  walk  their  beats  with  gun  at  right  shoulder. 
Each  sentinel  was  informed  of  the  regular  countersign 
of  the  night  and  he  was  instructed  to  pass  no  one  who 
could  not  give  the  word  to  his  satisfaction. 

One  sultry  night,  in  the  month  of  August,  while  I 
was  thus  detailed,  something  very  unusual  occurred  to 
me.  The  night  was  quiet  and,  as  is  a  habit  with  me,  I 
had  lost  myself  in  reflection.  I  was  in  truth  so 
oblivious  of  the  surroundings  and  so  completely  ab- 
sorbed in  memories  of  the  past  and  hopes  for  the 
future,  that  I  heard  no  sound  —  nothing,  until  I  was 
suddenly  aware  that  some  one  was  approaching  my 
post.  In  the  uncertain  light  of  the  moon,  I  recognized 
that  it  was  the  officer  of  the  day  who  was  advancing. 
Immediately  I  threw  down  my  gun  to  the  proper  posi- 
tion and  commanded  him  to  halt.  He  complied  at 
once  with  the  command  and  I  followed  it,  as  is  custom- 
ary, with  the  order  to  advance  and  give  the  counter- 
sign. But  here  an  unexpected  difficulty  arose.  In 
the  sudden  interruption  of  my  reverie,  I  had  forgotten 
the  countersign  entirely,  nor  would  any  amount  of 
mental  effort  on  my  part  serve  to  recall  it.  In  vain  I 
struggled  to  remember  the  all-important  word.  I 
hoped  the  officer  of  the  day,  in  answering  my 
challenge,  might  himself  throw  out  some  suggestion 
that  would  aid  me  in  recalling  it.  But  even  if  he,  had 
thus  unconsciously  come  to  my  rescue  I  could  be  by 
no  means  sure  that  he  would  not  seek  to  entrap  me  by 
giving  the  wrong  word.  The  officer,  who  was  by  this 


46  MY  OWN  STORY 

time  close  to  me,  gave  the  proper  pass,  but  I  failed 
utterly  to  recognize  it.  Accordingly  I  again  halted 
and  calmly  informed  him  to  consider  himself  under 
arrest.  I  then  called  out  the  corporal  of  the  guard. 

Behold  my  predicament!  A  plebe  had  arrested  a 
first-classman !  It  was  unheard-of,  preposterous ;  and, 
to  make  matters  worse,  I  had  arrested  not  only  an  up- 
per-classman, but  my  superior  officer  as  well,  and,  in 
fact,  the  ranking  officer  of  the  cadet  corps.  The  only 
reason  I  could  give  for  my  action  was  that  I  had 
forgotten  the  countersign.  What  should  I  say  to  the 
corporal  of  the  guard  ?  When  he  approached  I  should 
not  even  be  able  to  recognize  the  countersign  when 
he  gave  it.  Indeed,  the  situation  was  not  only  em- 
barrassing, but  decidedly  interesting.  My  knowledge 
of  military  tactics  was  not  broad  at  best,  and,  in  the 
confusion  caused  by  my  fickle  memory,  I  found  all 
the  information  I  possessed  gradually  growing  more 
and  more  obscure. 

There  was,  however,  one  thing  to  do  —  tell  the 
truth.  Every  cadet  on  entering  the  Academy  is  put  on 
his  .honor  to  do  that,  no  matter  what  the  consequences. 
In  a  moment  the  corporal  had  joined  us;  immediately 
I  came  to  "  present  arms  "  and  addressed  him. 

"  I  have  forgotten  the  countersign,"  I  said  simply ; 
"  I  did  not  think  when  the  officer  of  the  day  gave  the 
word  '  reikiavic  '  that  the  word  was  correct,  but  since 
you  have  given  the  same  word,  I  discover  my  error." 

The  speech  was  brief,  but  it  was  all  I  could  say  — 
all  I  had  to  say.  I  awaited  developments.  The  cor- 
poral lost  no  time  in  administering  his  reprimand,  de- 
claring that  I  had  been  guilty  of  the  most  reprehensible 
conduct,  that  I  had  grossly  violated  my  orders  as  a 


SUMMER  CAMP  47 

sentry  and  to  this  offense  had  added  the  unsoldier-like 
conduct  of  arresting  my  superior  officer  for  doing  his 
duty.  The  officer  of  the  day,  however,  was  not  so 
severe.  He  seemed  somewhat  amused  at  the  whole  af- 
fair and  only  added :  "  You  must  keep  strictly  within 
the  sphere  of  your  duty,  sir.  I  shall  have  to  report  you 
for  this."  This  he  proceeded  to  do,  and  a  number  of 
demerits  necessarily  followed.  The  next  day  the 
whole  camp  knew  of  the  occurrence,  and  the  report  that 
I  had  arrested  my  superior  officer  only  served  to  add 
to  the  reputation  I  had  already  gained  of  being  a 
"  fresh  "  fourth-classman. 

The  summer  drilling,  swimming,  dancing,  training 
in  the  gymnasium,  the  regularity  of  my  meals,  sleep 
and  the  lack  of  hard  study,  had  greatly  built  up  my 
constitution,  and  on  getting  back  to  barracks,  I  felt 
better  able  to  do  the  year's  work,  hard  though  it  proved 
to  be. 


CHAPTER  VII 

AT  LAW  SCHOOL 

I  become  a  third-classman  —  My  eyesight  fails  and  I  am  forced 
to  leave  the  Academy  —  I  enter  the  law  school  at  Val- 
paraiso, Indiana 

After  the  June  examinations,  the  members  of  my 
class  became  third-classmen,  and  began  themselves  to 
prepare  for  the  incoming  plebes.  We  were  now  suf- 
ficiently promoted  to  be  recognized  by  the  upper-class- 
men. Cadets  with  whom  we  had  come  in  contact 
every  day  for  a  whole  year  recognized  us  for  the  first 
time  and  called  us  by  our  names.  It  all  seemed  very 
strange  to  me.  A  number  of  upper-classmen  ap- 
proached me  upon  the  subject  of  hazing,  and  wanted  to 
know  if,  now  the  opportunity  offered,  I  would  ever 
haze  any  one.  I  assured  them  I  never  would,  and 
discovered  then  and  there  for  the  first  time  that  during 
the  trying  ordeal  through  which  I  had  just  passed,  I 
had  had  a  great  deal  of  sympathy  from  many  of  the 
upper-classmen  themselves.  Let  it  be  said  to  their 
credit  that  it  is  not  every  cadet  who  indorses  hazing. 
A  great  many  in  their  hearts  disapprove  of  it.  Each 
class  expects  and  demands  a  certain  obedience  from 
the  class  below  it;  but  not  over  one-third  of  any  class 
makes  a  business  of  hazing.  After  the  plebe  has  been 
promoted  to  the  third  class,  he  is  no  longer  hazed,  in 
the  strict  sense  of  the  word;  and  he  associates,  on 

48   ' 


AT  LAW  SCHOOL  49 

terms  of  more  or  less  equality,  with  the  members  of 
the  class  above  him;  but  there  has  previously  existed 
such  a  gulf  between  the  plebes  and  all  upper-classmen 
that  it  is  rather  difficult  to  bridge  it  over.  In  fact, 
there  is  always  a  distinction  among  the  various  classes. 

Successfully  past  the  most  trying  ordeals  of  a  cadet's 
life  at  West  Point  —  the  hazing  period  —  I  felt  that  I 
was  now  on  the  threshold  of  a  pleasant,  though  by  no 
means  easy  or  idle,  career.  But  the  plans  one  makes 
are  not  so  easily  carried  out  as  they  are  conceived. 

Just  when  I  was  congratulating  myself  on  the 
outlook  for  the  future,  my  weak  and  over-taxed 
eyes  failed  me,  and  I  was  forced  to  return  to  my  home. 
A  two  years'  rest  and  treatment  partly  restored  them, 
and,  on  January  first,  1893,  I  enrolled  myself  as  a 
student  of  the  law  department  of  the  Northern  Indiana 
Normal  School  at  Valparaiso,  Indiana,  having  ex- 
changed a  few  letters  with  its  genial  and  efficient  presi- 
dent, Professor  H.  B.  Brown.  I  began  at  once  to  pre- 
pare myself  for  a  career  before  the  bar.  It  is  only 
just  to  say,  however,  that  my  inclination  had  long 
turned  toward  politics.  Even  while  at  the  state  college 
I  had  a  natural  aversion  to  the  semi-prison  life  led  "by 
our  soldiers,  and  longed  for  freer  fields  of  endeavor. 
Now  that  I  had,  at  last,  entered  upon  the  study  of  the 
law,  I  felt  satisfied ;  it  was  a  gate  that  led  into  the  green 
pasture  of  politics.  Law  and  politics,  as  I  viewed  them, 
went  hand  in  hand.  To  adopt  the  one  as  a  profession, 
meant  to  enter  upon  the  other  as  a  calling.  I  had  al- 
ways been  a  close  student  while  at  college ;  and  now 
that  I  was  making  special  preparation  for  my  chosen 
line  of  work,  it  was  the  more  important  that  I  give  my 
studies  my  closest  application  and  my  best  thought. 


50  MY  OWN  STORY 

I  became  a  member  of  the  General  Debating  Society, 
and  in  all  the  discussions  took  an  active  part.  I 
secured  membership  also  in  two  other  debating  clubs 
that  assembled  at  night  during  the  week.  In  this 
way  I  gained  much  valuable  experience  in  the  field 
of  public  argument,  and,  in  fact,  was  well  enough  liked 
by  my  fellow  students  to  be  elected  the  first  president 
of  the  Southern  Literary  Society  —  an  organization 
which  had  for  its  primary  object  the  bringing  into 
closer  contact  all  the  Southern  students. 

It  was  while  taking  an  active  part  in  this  movement 
that  I  met  Miss  Laura  Rawlings.  We  mildly  tiffed 
at  first,  which  is  not  a  bad  way  of  beginning  a  friend- 
ship. Disagreement  is  sometimes  the  flint  on  which 
the  mind  strikes  fire.  We  all  like  flattery,  but  nothing 
is  quite  so  depressing  as  continual  sentimental  adula- 
tion. Miss  Rawlings  was  a  member  of  the  vocal 
music  class,  to  which  I  soon  attached  myself,  and  also 
of  the  literary  society ;  so  we  were,  necessarily,  thrown 
much  together;  and  where  opportunity  was  lacking,  I 
provided  it.  After  the  first  little  bout  our  acquaint- 
ance was  most  pleasant  and  interesting ;  and,  as  our  in- 
timacy grew,  and  as  I  found  that  her  gifts  of  mind  and 
heart  equaled  her  beauty  and  charm  of  manner,  it  is 
needless  to  say  that  this  year  at  Valparaiso  was  the 
happiest  collegiate  year  of  my  life.  When  the  month 
of  June  came,  Miss  Rawlings  returned  to  her  home  at 
Burning  Springs,  Kentucky;  I  remained  at  Val- 
paraiso, intending  to  pursue  my  legal  studies  in  a  special 
class  during  the  summer  months  and  to  devote  myself 
to  some  branches  of  history  and  literature.  But  when 
we  parted  we  were  betrothed. 

I  had  scarcely  begun  preparation  for  my  summer's 


My  mother,  Mrs.  Elizabeth  Powers  My  father,  Amos  Powers 

My  brother,  Captain  John  L.  Powers 

Myself  at  twenty-four,  and  Miss  Laura  Rawlinjjs,  My  sister,  Mrs.  Rebecca  Green 

whom  I  afterwards  married 

MEMBERS  OF   MY    FAMILY 


AT   LAW   SCHOOL  51 

work,  however,  when  I  learned  that,  by  reason  of 
the  adoption  of  the  new  constitution  for  Kentucky, 
superintendents  of  public  schools  were  to  be  elected 
that  year  in  every  county  in  the  state.  For  some  time 
past  I  had  intended,  when  the  office  was  again  to  be 
filled,  to  enter  the  race  for  it  in  my  home  county. 
Therefore,  I  went  home  immediately  and  entered  the 
race  for  the  nomination  on  the  Republican  ticket.  I 
had  two  opponents  in  the  struggle  for  the  nomination 
—  Professor  James  P.  Faulkner,  now  president  of 
Union  College,  at  Barboursville,  and  the  Reverend 
Frank  Hopkins,  a  Methodist  minister  of  some  reputa- 
tion and  considerable  ability.  I  had  been  away  at  col- 
lege for  several  years,  knew  but  a  small  per  cent,  of 
the  voters  of  the  county,  and  was  poorly  prepared  to 
play  the  uncertain  game  of  politics  with  much  chance 
of  success. 

I  knew,  but  not  intimately,  most  of  the  prominent 
people  of  Barboursville,  and  a  few  of  them  were  warm 
personal  friends  of  mine ;  but  the  majority  of  them  had 
no  reason  to  feel  any  particular  interest  in  my  candi- 
dacy. I  had,  however,  become  fairly  well  acquainted 
with  the  teaching  corps  of  the  county;  had  taken  an 
active  part  in  two  or  three  county  institutes ;  and  had  as 
many  friends  among  them  as  any  of  my  opponents, 
but  had  no  relatives,  either  by  marriage  or  blood,  to 
give  me  a  following  in  the  county.  Many  of  my 
mother's  relatives  lived  then,  as  they  do  now,  in  the 
county  of  Whitley.  My  father  had  but  one  brother, 
and  he  was  not  a  resident  of  Knox  County.  I  was 
then  twenty-four  years  of  age,  just  old  enough,  accord- 
ing to  the  Kentucky  statutes,  to  fill  the  office  of  super- 
intendent of  schools. 


CHAPTER  VIII 

MY  FIRST  POLITICAL  CAMPAIGN 

I  am  a  candidate  for  the  office  of  superintendent  of  schools 
of  Knox  County,  Kentucky  —  I  make  a  canvass  of  the 
mountain  districts  —  I  take  part  in  joint  debates  —  I  am 
graduated  from  law  school  and  elected  to  office 

The  campaign  work  that  I  now  began  was  not  the 
first  in  which  I  had  been  engaged.  On  the  contrary, 
when  I  was  but  eighteen  years  of  age,  I  had  gone  to 
Whitley  County  to  assist  in  securing  the  nomination 
of  my  cousin,  Thomas  Bennett,  for  the  office  of  sheriff. 
I  had,  in  fact,  met  his  opponent  in  the  race,  Mr.  Madi- 
son Moore,  in  joint  debate.  But  this  was  my  first 
work  in  my  own  behalf.  To  say  that  I  entered  upon 
it  with  some  anxiety  is  to  put  it  mildly,  indeed. 
However,  I  was  not  blind  to  the  influences  and  senti- 
ment I  was  about  to  combat. 

I  knew,  for  instance,  that  my  boyish  appearance  was 
one  of  the  disadvantages  which  I  should  be  obliged  to 
labor  against  in  this  campaign.  Like  David  Copper- 
field  in  the  early  part  of  his  career,  I  was  constantly 
made  to  feel  that  I  was  exceedingly  young.  To  offset 
this  in  part,  I  began  my  canvass  for  votes  in  that  par- 
ticular part  of  the  county  reported  to  be  the  least  pro- 
gressive. Here,  I  thought,  my  appearance  would 
not  be  greatly  against  me,  while  at  the  same  time  I 
should  gain  experience  and  knowledge  that  would 


MY  FIRST  POLITICAL  CAMPAIGN       53 

stand  me  in  good  stead  in  places  where  my  youth  might 
work  to  my  detriment.  Moreover,  whatever  errors  and 
blunders  I  might  make  in  my  new  field  of  labor  I  de- 
sired to  keep,  as  Bill  Nye  kept  his  practice  of  the 
law,  "  as  quiet  as  possible."  It  took  about  three  weeks' 
daily  riding  to  cover  the  territory.  No  hill  was  too 
high  to  be  crossed,  no  creek  or  stream  too  long  to  be 
followed. 

I  had  little  difficulty  in  adapting  myself  to  the  con- 
ditions and  environment  of  those  with  whom  I  came  in 
contact,  from  the  fact  that  I  had  been  reared  in  that 
part  of  the  country  myself,  and  was  without  any  super- 
fluity of  the  luxuries  of  life.  I  was  one  of  the  great 
common  people;  I  knew  their  tastes,  desires,  preju- 
dices, and  objects  in  life.  The  farmer  and  his  crops, 
the  blacksmith  and  his  trade,  the  lumberman  and  his 
logs,  were  all  familiar  to  me.  All  my  interest  was 
with  them.  I  knew  the  meaning  of  daily  toil  and  had 
felt  the  pangs  of  poverty. 

In  my  tour  over  the  county,  I  resorted  to  various 
little  oddities  which  suggested  themselves  to  my  mind. 
I  remember,  upon  one  occasion,  that  I  rode  up  to  a 
little  cabin  —  far  up  a  long  and  lonesome  stream. 
It  was  situated  at  the  base  of  a  great  mountain  side, 
which  was  covered  with  timber  and  filled  with  coal. 
It  was  late  in  the  afternoon  of  a  summer  day;  the 
shadows  of  the  mountain  had  long  since  stolen  over 
that  quiet  abode.  The  young  wife,  who  had  just  blos- 
somed into  womanhood,  was  singing  a  weird  melody 
when  I  approached  the  humble  home.  When  she 
noticed  me  the  music  ceased,  and  she  came  timidly  to 
the  door.  She  lived  in  one  of  those  out-of-the-way 
localities  where  the  voice  of  the  stranger  is  seldom 


54  MY  OWN  STORY 

heard.  For  a  moment  she  was  ill  at  ease;  but  her 
large,  fine,  blue  eyes,  beneath  a  well-formed  and  beau- 
tiful brow,  sparkled  with  native  intelligence.  She  was 
one  of  the  many  in  that  section  of  the  state  possessing 
inborn  ability,  who,  for  lack  of  opportunity,  were  liv- 
ing lives  of  penury  and  obscurity. 

It  was  easy  to  see  that  she  was  of  a  sunny  dispo- 
sition, with  a  fine  sense  of  humor ;  so  I  felt  that  what- 
ever I  said  would  be  received  in  the  spirit  in  which 
it  was  intended.  I  asked  the  young  woman  if  her 
father  was  at  home.  She  smiled  with  a  proud  sense 
of  possession,  and  told  me  that  her  father  lived  across 
the  county,  but  that  her  husband  would  be  home  soon. 
I  then  told  her  my  business,  and  left  her  with  the 
injunction  to  tell  him  when  he  returned  that  the  home- 
liest man  north  of  the  equator  had  called  to  see  him 
that  day  and  wanted  his  support  in  the  coming  precinct 
convention.  I  had  remained  on  my  horse,  so,  after 
explaining  my  mission,  I  bade  her  adieu,  and  pulled 
the  reins  of  my  bridle,  preparatory  to  leaving  the  cozily- 
kept  cabin  and  its  happy  inmate.  She  laughed  aloud 
at  my  message  to  her  husband,  but  detained  me  to  say 
that  he  would  not  know  who  desired  his  support.  With 
the  reminder  that  the  description  I  had  left  of  myself 
would  be  sufficient  to  identify  me,  I  rode  away.  She 
stood  in  the  doorway  looking  after  me  and,  no  doubt, 
wondering  what  manner  of  man  she  had  met. 

In  the  meantime,  the  people  were  calling  me  "  a 
kid,"  "  a  boy  "  and  "  young  Powers."  The  Republican 
county  committee  had  held  no  meeting,  and  had  made 
no  arrangement  by  which  the  nomination  should  be 
made.  It  was  important,  therefore,  for  me  to  arrange 
matters  so  that  the  people  who  knew  me  best  would 


MY  FIRST  POLITICAL  CAMPAIGN       55 

speak  first  as  to  my  character  and  fitness  for  the  posi- 
tion I  sought.  With  this  as  one  of  the  objects  in  view, 
I  entered  into  negotiations  with  my  opponents.  I  suc- 
ceeded in  making  satisfactory  arrangements  with  them 
for  the  first  convention  to  be  held  in  Poplar  Creek 
voting  precinct,  where  I  had  taught  my  first  public 
school.  When  the  voting  lines  were  drawn  up  and 
counted,  three-fourths  of  the  voters  present  had  voted 
for  me. 

The  next  convention  was  held  in  Brush  Creek  pre- 
cinct, in  which  my  father  had  lived  for  more  than 
twelve  years.  There  were  about  one  hundred  voters 
present.  After  the  speech-making,  our  lines  were 
formed,  or  rather  the  lines  of  my  opponents  failed  to 
form.  I  did  not  lose  a  single  vote.  I  never  felt  quite 
so  happy  in  my  life.  To  see  the  people  among  whom 
I  had  been  reared  stand  as  one  man  for  my  nomination 
filled  my  heart  with  lasting  gratitude.  The  people  of 
my  home  had  spoken.  I  knew  their  voices  would  be 
heard  throughout  the  county. 

After  visiting  all  the  voting  precincts  in  the  coun- 
ty except  Barboursville,  I  had  more  delegates  to  the 
general  convention  to  be  held  there  than  both  of  my 
opponents  combined.  It  was  not  wholly  without  reason 
then  that,  before  holding  the  precinct  convention  in 
Barboursville,  both  my  opponents  withdrew  from  the 
race,  and  I  was  nominated  by  acclamation. 

I  had  won.  My  suspense  was  over.  My  friends 
were  enthusiastic,  and,  of  course,  called  for  a  speech. 
In  a  few  words,  I  tried  to  express  my  gratitude  for  the 
honor  conferred  upon  me  and  for  the  number  and  the 
loyalty  of  my  supporters  as  well  as  for  the  services 
they  had  so  kindly  rendered  me.  I  assured  them  that 


I 


56  MY  OWN  STORY 

if  the  opportunity  ever  offered  I  would  serve  them 
with  the  same  fidelity  with  which  they  had  served  me. 

Though  the  county  was  Republican,  there  had  not 
been  a  Republican  superintendent  of  schools  in  Knox 
County  for  a  quarter  of  a  century.  All  had  been  Demo- 
crats. There  had  also  been  Democrats  elected  to  the 
other  offices  from  time  to  time,  for  many  years.  Party 
lines  had  never  been  tightly  drawn  and  a  great  many 
voters  had  insisted  on  voting  for  what  they  called  the 
"  best  man." 

In  due  time,  John  T.  Hays  of  Barboursville,  nephew 
of  Napoleon  B.  Hays,  afterward  attorney-general 
under  Governor  Beckham,  a  well-educated  man  and  a 
lawyer  of  no  mean  ability,  announced  his  candidacy 
for  the  office  of  superintendent  of  schools.  He  was, 
and  is,  a  partizan  Democrat,  but  on  this  occasion  ran 
an  independent  race.  He  selected  his  own  device,  and 
maintained  that  the  office  was  non-political ;  that  educa- 
tional qualification  and  general  fitness  for  the  position 
were  all  that  were  necessary  for  a  candidate  to  possess ; 
that  politics  was  not  taught  in  our  public  schools,  and 
should  not  be,  and,  therefore,  should  not  influence  the 
county  superintendent  in  the  discharge  of  the  duties  of 
the  office. 

About  two  weeks  before  the  election,  Mr.  Hays  and 
I  arranged  a  series  of  joint  debates,  or  rather  I  ar- 
ranged the  debates  and  places  of  speaking  and  invited 
him  to  meet  me  —  an  invitation  which  he  accepted. 
He  is  an  aggressive  and  forceful  man,  but  not  an  elo- 
quent speaker.  It  was  to  my  advantage  to  introduce 
politics  into  our  discussion  as  often  as  possible,  while 
it  was  to  his  advantage  to  keep  away  from  the  subject. 
He  tried,  naturally,  to  force  me  from  the  realms  of 


MY  FIRST  POLITICAL  CAMPAIGN       57 

politics  into  those  of  education ;  and  in  turn  I  tried  to 
force  him  into  the  discussion  of  politics  as  well  as  of 
education. 

On  November  eighteenth,  1892,  soon  after  Mr. 
Cleveland  had  been  elected  President  of  the  United 
States,  the  Democrats  of  Knox  County,  celebrating 
their  victory,  had  dragged  a  dead  racoon  through  the 
bonfire-lighted  streets  of  Barboursville.  The  leader  of 
the  torch-light  parade,  in  a  burst  of  oratorical  enthu- 
siasm, had  declared  that  the  whole  world  had  gone 
Democratic,  except  the  state  of  Ohio,  hell,  and  Knox 
County;  and  a  good  brother  in  the  audience,  with  his 
hand  upon  his  heart,  asserted  that  they  would  carry 
all  of  them  next  time.  The  Republicans  of  Knox 
County  remembered  this  occasion  and  also  how  liberal 
they  had  been  in  dividing  offices  with  the  Demo- 
crats. I  recalled  these  facts  to  those  who  might 
have  forgotten  them,  and  informed  my  opponent  that 
for  the  supremacy  over  one  of  the  places  mentioned 
by  his  enthusiastic  supporter,  after  the  election  of 
November,  1892,  the  Republicans  of  Knox  County 
would  make  no  contest;  but  in  the  state  of  Ohio  and 
the  county  of  Knox,  the  Republicans  intended  to 
manage  public  affairs.  My  opponent,  however,  felt 
equally  confident  of  victory,  and  showed  it  both  in 
demeanor  and  speech  on  the  day  before  election. 

At  this  time  I  ascertained,  to  a  certainty,  that  my 
name  did  not  appear  on  the  ballots.  The  county  clerk 
was  a  cousin  of  my  opponent  and  had  permitted  him- 
self to  be  influenced  by  Mr.  Hays'  supporters.  When 
I  arrived  in  Barboursville  from  Poplar  Creek  voting 
precinct,  my  friends  had  reached  a  decision  as  to  what 
should  be  done  in  the  premises,  and  were  then  drawing 


58  MY  OWN  STORY 

up  instructions  to  be  signed  by  the  county  chairman, 
setting  forth  a  section  of  the  election  law  to  the  effect 
that  I  could  still  be  voted  for  by  every  voter  writing  my 
name  on  the  ballot ;  and  in  addition  were  directing  that 
the  election  officers  in  the  respective  precincts  should 
allow  qualified  voters  to  vote  for  any  citizen  they  de- 
sired, by  so  writing  his  name  in  the  proper  place  on  the 
ballot.  These  instructions  were  signed  by  the  county 
chairman,  and  were  carried  to  every  voting  precinct 
in  the  county. 

When  the  polls  opened  the  next  morning,  the  election 
officers  of  the  various  voting  precincts,  half  of  whom 
were  Democrats,  were  found  to  have  been  supplied,  by 
the  friends  of  Mr.  Hays,  with  copies  of  the  new  elec- 
tion law,  with  certain  isolated  passages  marked. 
These,  if  strictly  construed,  would  have  been  a  bar  to 
my  receiving  any  votes  on  that  day.  The  passages 
were  underscored  with  pen  and  ink.  It  was  with 
these  mutilated  portions  of  the  law  that  the  Democratic 
election  officers  intended,  and  in  many  instances  tried, 
to  prevent  my  friends  from  voting.  Adding  insult  to 
injury  was  more  than  peace-abiding  citizens  would 
endure  without  some  demonstration  of  disapproval, 
and  especially  was  this  true  when  the  injury  aimed 
at  robbing  them  of  the  sacred  right  of  suffrage.  The 
Republicans  of  Knox  County  were  boiling  with  in- 
dignation. Their  liberty  was  at  stake,  and  they  were 
ready  to  defend  it.  In  every  precinct  in  the  county 
where  there  was  resistance  to  qualified  freemen  cast- 
ing their  votes,  determined  men  fought  to  overcome  it. 
Many  of  the  Democrats  were  outspoken  in  their  de- 
nunciation of  the  attempted  theft.  All  day  my  name 
was  written  by  the  liberty-loving  voters  of  the  county, 


MY  FIRST  POLITICAL  CAMPAIGN       59 

and,  when  the  polls  closed,  my  majority  was  six  hun- 
dred and  fifty.  Under  the  circumstances  I  had  not 
expected  it  to  be  so  large.  '  In  a  few  days  the  board 
canvassed  the  returns  of  the  election  and  finally  issued 
to  me  a  certificate  of  election.  This  was  in  Novem- 
ber, 1893;  but  my  predecessor's  term  of  office  did  not 
expire  until  August,  1894. 

As  I  was  extremely  anxious  to  complete  my  course 
in  law  before  bidding  good-by  to  my  college  days,  I 
hastened  back  to  Valparaiso  to  accomplish  that  end, 
if  possible.  My  classmates  had  heard  of  my  victory 
and  gave  me  a  hearty  reception  upon  my  return.  I  met 
a  great  many  friends  in  wandering  about  the  old 
haunts.  Miss  Rawlings,  with  whom  I  had  spent  so 
many  pleasant  hours,  was  not  there ;  but  she  soon  re- 
turned to  reenter  college.  I  had  been  successful  in  my 
race  for  superintendent  of  schools,  was  progressing 
nicely  with  my  legal  studies,  and  now  was  with  my  be- 
trothed often.  I  had  good  reason  to  be  happy.  I 
joined  a  debating  society  or  two;  was  often  a  visitor  to 
others,  and  took  great  interest  in  parliamentary  law. 
The  Southern  Literary  Society  flourished,  and  its  mem- 
bers derived  much  pleasure  from  its  social  features. 
The  General  Debating  Society  continued  to  flourish 
as  before,  and  I  took  an  active  part  in  its  proceed- 
ings also. 

I  was  very  fond  of  my  study  of  the  law,  and,  as  is 
usually  the  case  when  one's  interest  is  aroused,  stood 
well  in  my  class.  When  graduation  day  came,  after 
many  farewells,  I  left  for  Barboursville,  Kentucky,  to 
take  charge  of  the  office  to  which  I  had  been  elected 
and  to  begin  the  practice  of  my  profession.  I  was 
admitted  to  the  bar  at  the  July  term  of  the  Knox  circuit 


60  MY  OWN  STORY 

court,  1894;  and  formally  took  charge  of  the  educa- 
tional interests  of  the  county  the  thirteenth  of  the  fol- 
lowing August.  I  entered  at  once  into  active  school 
work,  which  I  soon  found  was  beset  with  many 
difficulties. 


CHAPTER  IX 

MARRIAGE 

Responsibility  of  office  —  I  begin  to  practise  law  —  My  mar- 
riage—  The  sudden  death  of  my  wife 

One  who  has  never  had  the  good,  or  bad,  fortune, 
however  it  may  be  regarded,  of  being  a  public  servant, 
can  never  understand  just  what  it  means  to  deal  with 
the  public.  But  from  experience  I  can  say  that  the 
task  is  particularly  burdensome  when  that  servant  is 
superintendent  of  public  schools  in  any  county  in  Ken- 
tucky. This  may  be  equally  true  in  other  states,  but  I 
can  only  speak  of  my  own.  The  work  of  a 'teacher 
seems  to  me  to  come  nearer  being  divinely  noble  than 
any  other  work  performed  by  one  human  being  for  an- 
other. To  take  a  young,  pliable  intellect,  uninformed 
and  unaroused,  and  breathe  into  it  the  desire  to  know, 
train  it  for  the  intellectual  contest  of  life,  inspire  it  with 
lofty  motives,  prepare  it  for  great  duties  and  grave 
responsibilities,  is  almost  a  divine  calling;  and  on  the 
shoulders  of  him  who  commissions  those  who  teach, 
the  responsibilities  are  all  the  greater. 

All  this  time  I  found  myself  becoming  more  firmly 
intrenched  in  my  determination  to  practise  law.  I  con- 
tinued to  be  a  very  diligent  student,  but  with  all  my 
diligence  and  study  I  knew  very  little  about  the  actual 
practice  of  my  profession.  I  had  "  hung  out  my 
shingle,"  but  it  did  not  prove  to  be  a  very  catching 

61 


62  MY  OWN  STORY 

card.  At  any  rate  my  clients,  like  angels'  visits,  were 
few  and  far  between.  A  great  many  consulted  me,  but 
few  employed  me.  To  these  I  was  often  tempted  to 
say  what  Mr.  Alva  N.  Cade  of  Illinois,  a  member  of 
my  class  at  Valparaiso,  said  to  the  genial  professor, 
Mark  L.  DeMotte,  dean  of  the  law  department.  Pro- 
fessor DeMotte  asked  him  what  he  would  say  to  a  client 
who  presented  to  him  a  certain  series  of  facts  in  a 
case,  as  related  by  the  professor.  Mr.  Cade  hung  his 
head  in  puzzled  meditation  for  a  moment.  Then,  with 
the  celerity  of  a  gust  of  wind,  he  replied :  "  I  would 
advise  him  to  consult  a  lawyer." 

In  the  cases  in  which  I  was  employed,  I  met  with 
reasonable  success.  I  made  it  a  rule  never  to  take  a 
civil  case  unless  I  believed  the  law  to  be  on  the  side  of 
my  client;  but  in  criminal  cases  I  tried  to  do  what  I 
could  for  nearly  all  who  came  to  me  for  assistance. 
I  was  particularly  fond  of  the  law,  and  found 
both  the  office  work  and  the  work  in  the  court-room 
very  congenial,  and  longed  for  the  time  when  I  could 
devote  my  whole  attention  to  the  profession.  Perhaps 
the  greatest  proof  I  can  give  of  my  disinterested  love 
of  my  work  is  the  fact  that  I  loved  it  for  itself,  and  not 
alone  for  the  money  I  could  make  by  its  practice.  I 
studied  because  I  wanted  to  know  the  law.  Continued 
dabbling  in  politics,  however,  proved  in  the  end  to  be 
even  more  fascinating  to  me  than  the  law. 

During  these  months  my  admiration  and  affection 
for  Miss  Laura  Rawlings,  to  whom  I  had  been  en- 
gaged for  some  time,  still  grew;  and  on  January 
twenty-second,  1896,  we  were  married.  I  had  bought 
a  home  in  Barboursville  some  time  before,  and  in  a  few 
months  after  our  marriage  we  there  took  up  our  resi- 


MARRIAGE  63 

dence.  If  supreme  happiness  ever  belonged  to  earthly 
beings,  it  was  ours.  We  both  agreed  and  feared,  how- 
ever, that  it  was  too  perfect  to  last.  The  thought  was 
prophetic,  but  the  end  of  our  bliss  came  in  a  way  little 
anticipated. 

My  young  wife,  without  the  slightest  warning,  was 
stricken  with  that  deadly  disease,  cerebro-spinal  men- 
ingitis; and,  in  spite  of  previous  perfect  health  and 
unusual  strength,  she  succumbed  after  a  month's  awful 
struggle,  during  which  time  there  were  few  moments 
of  consciousness.  She  died  at  my  father's  home,  on 
July  twenty-sixth,  of  the  same  year  we  were  married. 
The  fondest  hopes  of  my  life  were  blasted.  What  had 
seemed  troubles  before  now  ceased  to  exist.  A  great 
sorrow  sinks  all  minor  annoyances  into  oblivion,  and 
for  a  time,  indeed  for  all  time,  grants  a  respite  from  all 
petty,  trivial  cares. 

Usually  the  instinct  of  a  human  heart  is  to  draw  the 
veil  of  silence  over  such  grief  as  then  was  mine,  but, 
by  a  strange  chain  of  subsequent  circumstances,  even 
the  most  cherished  feelings  of  my  heart  have,  to  an 
extent,  fallen  into  the  hands  of  the  public.  Such  being 
the  case,  my  version  of  the  different  episodes  of  my  life 
will,  perhaps,  be  as  acceptable  from  my  pen  as  from 
that  of  another.  If,  then,  it  comforts  me  to  pay  a 
tribute  to  that  pure,  devoted  young  wife  who,  during 
the  few  months  she  was  left  with  me,  commanded  the 
highest  admiration  and  the  tenderest  devotion  of  which 
my  nature  was  capable,  I  feel  that  it  would  be  dis- 
loyal to  her  sweet  memory  to  remain  silent,  from  the 
fear  that  I  might  be  accused  of  "  wearing  my  heart 
upon  my  sleeve  for  daws  to  peck  at." 

I  do  not,  then,  hesitate  to  speak  of  the  perfection  of 


64  MY  OWN  STORY 

her  character,  the  brightness  of  her  intellect,  her  per- 
sonal beauty  and  the  purity  of  her  soul.  As  men  judge 
all  women  by  those  with  whom  they  have  been  most 
intimately  connected,  my  ideal  is  a  high  one.  While  not 
a  member  of  any  church,  my  wife  was  a  Baptist,  and 
was  possessed  of  a  beautiful  Christian  spirit.  I  do  not 
hesitate  to  say  that  when  my  wife  died  even  death 
itself  held  no  terrors  for  me.  What  is  this  world  but 
a  graveyard  of  buried  dreams?  My  wife  lies  in  the 
cemetery  at  Barboursville,  and  upon  the  slab  that 
marks  her  grave  are  a  few  words,  telling  simply  what 
we  were  to  each  other.  Like  Robert  Browning  after 
the  death  of  Elizabeth  Browning,  I  faced  echoing 
rooms  of  my  desolate  home,  while  my  heart  cried,  "  I 
want  her,  I  want  her." 

As  time  went  on,  and  as  the  first  keen  edge  of  my 
grief  wore  off,  I  felt  the  necessity  of  directing  my  life 
into  some  more  natural  and  less  morbid  channel.  I 
turned  again  to  my  work,  and  threw  myself  into  it 
more  zealously  than  I  had  ever  done  before.  I  had  a 
double  object  in  view :  first,  to  divert  my  mind  from 
my  grief,  and  keep  it  so  fully  occupied  that  I  should 
have  no  time  to  brood ;  and,  second,  believing  that  my 
days  of  social  and  domestic  happiness  were  at  an  end, 
I  determined  that  disaster  should  not  overwhelm  me 
on  every  road,  and  that  my  life,  as  far  as  it  was  in  my 
power  to  make  it  so,  should  not  be  a  failure  from  a 
business  standpoint.  "  The  sure  cure  for  all  private 
griefs  is  a  hearty  interest  in  public  affairs,"  said  Burke. 
I  tried  to  profit  by  his  philosophy  and,  therefore,  kept 
every  hour  in  the  day  occupied  with  the  study  and  prac- 
tice of  law  and  with  my  duties  as  school  superintendent, 
except  such  times  as  I  set  apart  for  exercise  and  sleep. 


My  boyhood  home  on  Brush  Creek 


Court-house  at  Barboursville,  where  I  be^an  the  practice 
of  law    in   1894.      The    cross    indicates    the   office   I 
occupied  as  Superintendent  of  Schools 
My  home  in  Barboursville  during  my  brief  married  life 

IX    MY    EARLIER    DAYS 


MARRIAGE  65 

I  took  my  daily  walks  with  as  much  regularity  as  I  took 
my  meals.  I  found  this  essential  to  my  health,  which 
I  had  foolishly  impaired  by  overwork  at  college. 

I  have  never  married  again.  While  it  is  doubtless 
true  that  the  human  heart  can  more  easily  love  when 
its  depths  have  once  been  sounded,  still  it  is  further 
true  that  arduous  labor,  intense  thought  and  weighty 
burdens  require  such  a  concentration  and  taxation  of 
one's  energy  that  there  is  little  left  for  the  soft  senti- 
ments of  love,  and  a  man  must  admit  that  after  he 
nears  the  age  of  thirty,  he  becomes  more  parsimonious 
of  his  affections. 


CHAPTER  X 

AGAINST  ODDS 

I  am  again  a  successful  candidate  —  I  take  a  post-graduate 
course  in  law  at  Center  College,  Danville  —  Stump- 
speaking 

The  first  of  the  year  of  1897  found  me  again  hotly 
campaigning  for  the  nomination  for  superintendent 
of  public  schools  of  Knox  County.  Being  a  Ken- 
tuckian,  I  naturally  desired  to  succeed  myself  in  office. 
Mr.  E.  B.  Hemphill,  whose  father  was  ex-sheriff  of 
the  county,  was,  intellectually,  the  most  gifted  of  my 
opponents.  Mr.  A.  A.  Hopkins,  "another  Rich- 
mond in  the  field,"  was  a  brother  of  the  gentleman  who 
had  been  my  opponent  in  the  first  race  for  the  'nomi- 
nation, and  was  developing  a  great  deal  of  strength 
because  of  the  defeat  of  his  brother  a  few  years  before. 
My  other  opponent,  Mr.  Thomas  C.  Jarvis,  was  a  son 
of  ex-Representative  John  D.  Jarvis,  and  also  a  nephew 
of  Henderson  Jarvis,  who  was  the  sheriff  of  Knox 
County  at  that  time.  He  was  related  also  to  some  of 
the  most  wealthy  and  influential  families. 

Later  in  the  canvass,  my  opponents  pooled  their 
strength,  and  Mr.  Jarvis  and  I  fought  the  fight  to  a 
finish.  It  was  a  hard  struggle,  but  I  won.  During  my 
term  of  office,  I  had  settled  a  number  of  school  dis- 
putes, had  rendered  a  great  many  opinions  in  contested 
cases,  had  refused  teachers'  certificates  to  about  half 
the  applicants,  had  condemned  several  school-houses  as 

66 


AGAINST  ODDS  67 

being  unfit  for  use,  had  condemned  the  furniture  of 
nearly  all  of  the  others,  had  changed  the  boundaries 
in  several  of  the  school-districts  and  had  refused  to 
change  them  in  others,  had  selected  sites  for  a  few 
school-houses,  had  appointed  several  trustees  and  had 
refused  to  appoint  others,  had  sat  as  judge  in  cases 
where  charges  were  made  against  trustees  and  teach- 
ers for  immoral  conduct,  or  for  failure  to  perform 
their  duties,  and  in  a  great  many  ways  too  numerous 
to  mention  I  had,  in  my  official  capacity,  taken  action, 
which,  as  a  matter  of  course,  was  adverse  to  some. 
These,  it  is  needless  to  say,  had  a  host  of  followers. 
Many  of  them  had  formerly  voted  for  me,  and  felt  that 
they  should  be  rewarded.  Their  bitterness,  therefore, 
was  intense  when  I  failed  to  carry  out  their  expecta- 
tions. I  had,  if  their  own  words  can  be  relied  upon, 
proved  "  disloyal,  ungrateful,  and  untrue  "  to  them. 

Many  of  the  patrons  claimed  that  they  had  been  un- 
necessarily "  taxed  to  death,"  and  that  I  was  the  cause 
of  it.  In  support  of  their  argument,  they  cited  the  fact 
that,  in  their  school-days,  they  used  split  poles  and  rails 
for  seats.  They  said  that  the  school-buildings  con- 
demned by  me  were  better  than  the  homes  of  some  of 
the  tax-payers.  In  truth,  against  my  policy  of  im- 
provement came  protests  loud  and  long.  Men  are 
prone  to  revile  that  which  benefits  them  most.  The 
"  back-number  "  teachers,  who  had  failed  to  pass  the 
examination  for  teachers'  certificates,  with  their  fath- 
ers, mothers,  sisters,  brothers,  uncles,  aunts,  cousins 
and  other  relatives,  and  their  friends,  lined  up  in  a  solid 
phalanx  against  me.  The  dissatisfied  and  disappointed, 
who  were  many,  pledged  themselves  to  compass  my 
defeat.  Independence  and  self-reliance  are  the  traits 


68  MY  OWN  STORY 

that  have  brought  me  into  collision  with  other  men. 
They  have  made  me  ardently  loved  and  ardently  hated. 
Taking  into  consideration  all  the  forces  with  which  I 
had  to  contend,  my  nomination  was  a  signal  political 
victory.  It  was  the  only  county  office  whose  incum- 
bent succeeded  in  being  renominated.  Four  out  of  the 
five  magistrates,  who  also  attempted  to  be  renomi- 
nated, were  defeated.  It  was  a  year  of  rotation 
in  office. 

Naturally  I  expected  opposition  in  the  final  election, 
and  on  this  I  was  not  disappointed.  Professor  Lee 
Pope,  who  had  recently  been  graduated  at  the  state 
college,  Kentucky,  and  who  had  carried  off  the  highest 
honors  of  his  class,  was  put  forth  by  the  Democrats 
and  the  dissatisfied  Republicans  to  oppose  me.  Never- 
theless, I  won  by  a  handsome  majority. 

After  the  election  I  found  myself  worn  out  by  cam- 
paigns, overwork  in  office  and  school  difficulties.  At 
times  before  this  when  the  worries  of  office  had 
become  particularly  depressing,  I  had  made  it  a  habit 
to  stroll  into  the  woods,  where  it  seemed  the  burden 
would  be  lifted,  and  I  should  be  able  to  forget  my 
worries.  It  is  best  always  to  live  in  eternal  sun- 
shine and  let  the  clouds  gather  where  they  will. 
The  sweetest  hours  of  the  infinitesimal  space  of 
time  allowed  each  human  being  from  the  measureless 
eternity  are  those  spent  in  the  solitude  of  the  forest, 
God's  first  temple,  where  one  may  feel  a  brotherhood 
with  the  trees,  the  birds,  and  the  bees.  But  I  am  about 
to  forget  that  the  ideas  of  pleasure  of  no  two  men  are 
the  same,  and  that  every  one's  conception  of  it  changes 
from  time  to  time.  I  now  longed  for  college  life  again, 
and  accordingly  made  arrangements  with  Judge  John 


AGAINST  ODDS  69 

H.  Davis,  of  Barboursville,  to  stay  in  my  office,  and 
attend  to  all  matters  concerning  the  schools  that  did  not 
demand  official  attention,  sending  me  an  account  of  all 
those  matters  to  which  I  could  attend  at  a  distance. 
I  took  a  post-graduate  course  in  law  at  Center  College, 
Kentucky,  which  I  found  to  be  a  most  profitable  one. 
My  brother,  John  L.  Powers,  was  graduated  in  the 
same  class.  I  longed  to  be  a  good  lawyer,  and  during 
this  term  I  learned  and  understood  the  law  as  I  never 
had  before.  I  had  the  good  fortune  to  be  under  the 
direct  tutorage  of  ex-Governor  J.  Proctor  Knott,  of 
Duluth  fame,  one  of  the  brainiest  men  the  state  has  ever 
produced.  He  was  our  principal  instructor  in  law. 
His  comprehensive  and  analytical  mind,  his  ever-ready 
wit  and  humor,  his  profound  and  exhaustive  informa- 
tion on  so  many  branches  of  learning,  his  unusual  clear- 
ness and  force  in  imparting  his  ideas,  and  in  explaining 
the  doctrine  he  desired  to  propound,  made  him  a  mas- 
ter in  a  professor's  chair;  and,  although  he  has  held 
many  public  positions  of  honor  and  trust,  calling  for 
the  utmost  fidelity  and  efficiency,  I  doubt  whether  his 
success  in  any  one  of  these  was  greater  than  in  the 
position  of  college  professor. 

I  had,  I  believe,  the  honor  of  being  one  of  his  favor- 
ite pupils.  After  recreation  hour  it  was  often  my  pleas- 
ure and  privilege  to  walk  with  him  to  his  home.  In 
the  talks  which  we  had  on  these  and  other  occasions, 
he  encouraged  me  in  my  work,  and  it  greatly  gratified 
me  to  have  encouragement  from  such  a  source.  As  it 
was  the  height  of  my  ambition  to  make  just  such  a 
lawyer  as  he,  I  made  as  thorough  a  study  of  my  pro- 
fessor as  my  opportunities  allowed,  delving,  as  far  as 
I  could,  into  the  secret  of  his  success.  In  June, 


70  MY  OWN  STORY 

after  my  post-graduation  at  Danville,  I  returned  to 
my  home  at  Barboursville  to  resume  the  duties  of  my 
office  and  to  enter  actively  into  the  practice  of  my 
profession.  I  continued  to  read  law  closely  and  my 
clientage  increased.  It  was,  too,  a  relief  to  find  that 
the  school  duties  were  less  onerous.  Not  only  had  I 
become  familiar  with  my  duties  as  superintendent,  but 
the  educational  outlook  in  the  county  was  growing 
brighter  every  year.  Locally  I  had  developed  into  an 
active  politician  and  political  campaigner.  I  was  much 
in  evidence  on  the  "  raging  stump  "  in  the  campaigns 
of  '95,  '96,  '97  and  '98.  Incidentally,  I  was  looking 
out  for  broader  fields  in  which  to  achieve  political 
success. 


CHAPTER  XI 

• 

THE   KENTUCKY  PROBLEM 

Affairs  in  Kentucky  in  1899  —  The  Goebel  Election  Law  — 
Opinion  of  Henry  Watterson  —  The  effort  of  the  Demo- 
crats to  have  the  law  declared  constitutional  —  The  outlook 
for  Democratic  success  in  the  campaign  of  1899 

That  the  full  force  of  the  gubernatorial  campaign 
of  1899  may  be  fully  comprehended  by  those  not  con- 
versant with  the  local  situation,  I  shall  briefly  review 
the  political  state  of  affairs  in  Kentucky  a  few  years 
prior  to  that  date. 

In  1895,  for  the  first  time  in  the  history  of  the  state, 
the  Republican  party  elected  a  governor  and  the  full 
state  ticket  by  a  plurality  of  eight  thousand  nine  hun- 
dred and  twelve.  The  Republican  forces  in  the  cam- 
paign which  led  to  this  victory  were  headed  by  William 
O'Connell  Bradley,  the  most  adroit  and  popular  leader, 
perhaps,  the  Republicans  ever  had  in  Kentucky. 
Bradley  had  led  the  Republican  hosts  before.  Respon- 
sibilities naturally  gravitate  to  those  willing  and  able 
to  shoulder  them.  Power  comes  to  those  who  can  do 
things.  The  money  question  in  the  local  campaign  of 
'95  divided  the  Democratic  party.  General  P.  Watt 
Hardin  was  nominated  for  governor  by  the  Democrats 
of  the  state  on  a  sound-money  platform;  but,  on  his 
first  joint  debate  with  Bradley  in  Louisville,  he  was 
forced  to  take  a  position,  and  declared  for  free  silver. 


72  MY  OWN  STORY 

A  free-silver  man  running  upon  a  gold  platform  was 
a  situation  so  unfortunate  that  it  served,  together  with 
the  persistent  charge  by  the  Republicans  that  the  Demo- 
cratic leaders  had  long  mismanaged  state  affairs,  to 
cause  apathy  and  alienation  in  the  rank  and  file  of  the 
Democracy.  The  result?  was  the  election  of  the  entire 
Republican  ticket. 

That  the  Republican  party  should  gain  control  and 
assume  the  management  of  state  affairs  was  a  bitter 
morsel  in  the  mouth  of  Kentucky  Democracy,  which 
had,  up  to  that  time,  represented  Kentucky's  aris- 
tocracy. The  leaders  of  the  free-silver  wing  of  the 
party  began  to  revolve  in  their  fertile  brains  some  plan 
to  prevent  such  another  "  calamity  "  and  "  disgrace  to 
the  state,"  and  incidentally,  to  pave  the  road  to  their 
own  future  political  fortune.  How  often  the  selfish 
desire  to  govern  is  paraded  as  righteous  zeal  in  the 
cause  of  oppressed  humanity!  The  plan  finally 
adopted,  conceived  to  secure  for  themselves  the  loaves 
and  fishes,  culminated  in  the  notorious  election  bill, 
adopted  over  the  veto  of  Governor  Bradley  in 
1898,  known  as  the  Goebel  Election  Law.  It  came 
by  its  name  through  the  fact  that  Senator  William 
Goebel  —  a  Pennsylvanian  by  birth,  but  representing 
the  county  of  Kenton  in  the  Senate  of  Kentucky,  the 
state  of  his  adoption  —  presented  the  bill  and  was  the 
master-spirit  in  forcing  it  through  both  branches  of  the 
Legislature.  The  Goebel  bill  originated  in  the  Senate, 
and  when  it  reached  the  House  for  consideration,  there 
was  strong  opposition  to  its  passage  among  Democratic 
members.  A  Democratic  caucus  was  held,  the  party 
lash  applied  and  the  bill  became  a  law,  but  not  with- 
out much  ill-feeling  in  the  Democratic  ranks. 


WILLIAM    GOKBEL 


73 

Governor  Bradley  said  of  the  bill,  in  his  veto: 
"  Clothed  with  both  judicial  and  ministerial  functions, 
having  no  legislative  attributes,  it,  nevertheless,  stands 
out  in  bold  relief,  the  creature  of  the  Legislature  beyond 
the  control  of  the  courts  and  juries,  a  supreme  power 
of  the  state,  and  the  absolute  master  of  the  people." 
Henry  Watterson  said  of  it,  in  the  Courier- Journal: 
"  Goebel  follows  out  his  own  ambitions  in  desiring  to 
become  governor  of  Kentucky,  and  he  sees,  or  thinks 
he  sees,  a  ready  chariot  thither  in  the  electoral  bill  that 
bears  his  name." 

The  Goebel  Election  Law  seized  the  key  to  the  elec- 
tion machinery  throughout  the  state.  It  provided  that 
three  men,  to  be  elected  by  the  Democratic  Legislature, 
were  to  compose  the  state  board  of  election  commis- 
sioners. It  provided,  also,  that  this  board,  as  well  as 
an  election  board  in  each  county  of  the  state,  which 
the  state  board  had  the  power  to  appoint  and  remove  at 
its  pleasure,  should  act  in  a  dual  capacity.  In  their 
ministerial  capacity  they  tabulated  the  returns  of  the 
election  and  issued  certificates  thereon ;  and  in  their  ju- 
dicial capacity  they  sat  as  a  court  to  pass  upon  the  fair- 
ness and  honesty  of  their  former  actions  in  declaring 
their  friends  elected.  The  new  law  further  provided 
that  the  decision  of  the  state  election  board  should  be 
final  and  conclusive,  and,  therefore,  not  subject  to  re- 
view by  any  other  court,  inferior  or  superior.  The 
election  commissioners  were  to  be  under  no  bond  to  dis- 
charge their  duties  honestly  and  justly.  Consequently 
no  civil  suit  for  damages  could  be  brought  against  them 
in  their  official  capacity  by  any  injured  litigant.  This 
bold  measure  failed  to  provide  for  any  punishment  to  be 
inflicted  upon  the  members  of  the  board  for  what  might 


74  MY  OWN  STORY 

be  found  to  be  the  grossest  or  most  flagrant  violation 
of  their  sworn  duty.  Under  its  provisions,  they 
were  therefore  immune  from  criminal  prosecution. 
Such  is  the  gist  of  this  famous  election  law. 

At  the  bidding  of  Senator  Goebel,  the  Legislature 
named  Judge  W.  S.  Pryor,  Captain  W.  T.  Ellis  and 
C.  B.  Poyntz,  all  Democrats,  as  members  of  the  state 
election  board.  This  board  appointed  an  election  board 
in  each  county  of  the  state,  a  majority  of  whose  mem- 
bers were  Democrats  and  likewise  Goebel's  friends.  The 
various  county  boards  in  turn  had  the  power  to  appoint 
and  remove  at  their  pleasure  the  precinct  election  offi- 
cers in  each  voting  precinct  in  every  county  in  the  state. 
Some  of  these  were  to  be  Republicans,  but  in  all  matters 
touching  the  suffrage  of  the  citizen  the  Democrats  had 
the  deciding  vote.  Such  a  law,  it  is  obvious,  was 
nothing  short  of  legalized  brigandage.  Under  its 
plenary  provisions  for  theft  and  wrong  the  schemes  of 
cunning  politicians  began  to  evolve  rapidly.  The 
Honorable  South  Trimble,  now  a  Democratic  congress- 
man from  Kentucky,  wrote  to  Ben  Marshall,  a  fellow 
Democrat  and  a  member  of  the  Franklin  County  board 
of  election  commissioners,  his  idea  of  procedure  in 
these  words :  "  Our  county  is  all  right,  but  city  elec- 
tions can  not  be  won  with  a  fair  count.  Incompetent, 
unreliable  Republican  judges  will  have  to  be  ap- 
pointed." 

The  Republicans  realized  the  danger  lurking  in  the 
new  election  law.  The  Democrats  feared  it  was  not 
constitutional ;  and  in  order  to  have  that  question  set- 
tled and  the  law  declared  valid,  if  possible,  while  the 
court  of  appeals  was  Democratic,  an  agreed  suit,  styled 
Purnell  vs.  Mann,  was  filed  in  Judge  James  E.  Can- 


THE  KENTUCKY  PROBLEM  75 

trill's  court.  This  suit  was  between  certain  Demo- 
cratic office-holders  and  the  Democratic  County  Elec- 
tion Commissioners  of  Bourbon  County.  Judge  Can- 
trill  decided  that  the  law  was  constitutional.  The  case 
finally  reached  the  court  of  appeals  where,  on  a 
strict  party  vote  of  four  to  three,  the  law  was  declared 
to  be  valid.  The  Republicans  were  downcast.  The 
outlook  for  fairness  in  future  elections  was  almost 
hopeless. 

In  the  congressional  election  of  1898,  the  Republi- 
cans lost  heavily,  electing  only  two  congressmen, 
whereas  in  1896  they  had  elected  five  out  of  eleven. 
The  election,  however,  passed  off  without  excitement 
or  friction,  and  the  friends  of  the  Goebel  Election  Law 
claimed  complete  exoneration  of  the  charges  made 
against  it. 

Mr.  Goebel  had  become  widely  known  by  reason  of 
the  fierce  opposition  to  the  election  law  that  bore  his 
name.  Strong  men  are  often  advertised  more  exten- 
sively by  the  denunciation  of  rabid  enemies  than  by  the 
praise  of  loving  friends.  This  notoriety  enhanced 
Senator  Goebel's  chances  for  the  gubernatorial  nomi- 
nation ;  so  he  declared  himself  a  candidate  and  entered 
actively  into  the  campaign.  General  P.  Watt  Hardin 
and  Captain  W.  J.  Stone  also  entered  the  race. 

The  outlook  for  Democratic  success  in  1899  was 
flattering.  Since  '96  the  state  had  swung  back  into  the 
Democratic  column,  electing  a  Democratic  clerk  of  the 
court  of  appeals  by  nearly  twenty  thousand  plurality. 
This  was  a  great  reversal  of  the  Republican  victories 
of  Bradley  in  1895,  and  McKinley  in  1896.  The  indi- 
cations were  that  the  state  had  swung  back  into  Demo- 
cratic ranks  for  years  perhaps,  and  that  the  independent 


;6  MY  OWN  STORY 

Democrats,  who  had  won  the  race  for  Bradley  and 
carried  the  state  for  McKinley,  had  gone  back  to  the 
"  house  of  their  fathers." 

The  three-cornered  fight  for  the  nomination  for 
governor  became  intensely  interesting.  There  were  no 
joint  debates  between  the  aspirants  for  gubernator- 
ial honors.  They  all  declared  for  free  silver,  and  each 
confined  himself  to  questioning  the  record  of  the  other 
as  to  his  loyalty  to  the  silver  cause.  It  was  finally 
decided  to  hold  county  and  legislative  district  mass- 
meetings  for  the  purpose  of  selecting  delegates  to  the 
state  convention.  These  mass-meetings  were  marked 
by  factional  fights  and  contesting  delegations.  How- 
ever, delegates  were  eventually  selected  to  assemble 
in  state  convention  and,  by  ballot,  as  usual,  select  the 
party's  standard-bearers,  naming  the  candidates  for  all 
state  offices. 


CHAPTER  XII 

THE   DEMOCRATIC    MACHINE 

The  Democratic  state  convention  at  Music  Hall,  Louisville  — 
Many  contesting  delegations  —  Excitement  over  the  tem- 
porary chairman's  decision  —  Bailiffs  fail  to  preserve  order 
—  Election  of  Redwine  as  permanent  chairman  —  Machine 
work  —  Stone  proposes  terms 

The  Democratic  state  convention  was  called  to  meet 
in  Louisville,  on  the  twenty-first  of  June.  After  the 
smoke  of  battle  at  the  county  conventions  had  cleared 
away,  it  was  discovered  that  Hardin  was  in  the  lead, 
claiming  about  six  hundred  of  the  total  one  thousand 
and  ninety-one  delegates.  Stone  claimed  three  hun- 
dred and  fifty,  Goebel  about  three  hundred.  Major 
P.  P.  Johnston,  chairman  of  the  state  central  commit- 
tee, who  was  opposed  to  Goebel,  called  the  convention 
to  order  in  Music  Hall  at  the  appointed  time,  and  pro- 
ceeded to  conduct  the  preliminaries  of  the  temporary 
organization. 

The  Stone-Goebel  forces  immediately  nominated 
Judge  D.  B.  Redwine,  of  Breathitt  County,  for  perma- 
nent chairman  of  the  convention,  and  the  Hardin  men 
named  W.  H.  Sweeney,  of  Marion  County,  for  the 
same  position.  Chairman  Johnston  ordered  the  call  of 
the  counties,  and  the  balloting  began. 

Scarcely  had  the  secretary  begun  the  call  of  the 
counties  before  it  was  discovered  that  one  of  them  had 

77 


78  MY  OWN  STORY 

sent  a  double  delegation  to  the  convention,  each  set  of 
delegates  claiming  to  be  the  legal  and  regularly  con- 
stituted one.  The  chairman  passed  the  irregularly 
represented  county  and,  as  the  call  of  the  counties  was 
continued,  there  were  found  to  be  numerous  other  con- 
testing delegations,  all  of  which  were  passed  by  the 
chairman.  A  survey  of  the  situation  disclosed  the  fact 
that  there  were  so  many  of  these  contesting  delegations, 
and  that  the  vote  already  tabulated  was  so  close  be- 
tween Redwine  and  Sweeney,  that  the  result  would 
'depend  on  the  disposition  made  of  the  contests.  Con- 
sequently, in  the  decision  to  be  made  by  the  temporary 
chairman  rested  the  real  excitement  of  the  convention. 

The  chairman  as  a  rule  recognized  as  legal  delegates 
those  whose  credentials  were  signed  by  local  party 
authorities.  Frantic  and  perspiring  men  made  threat- 
ening and  incendiary  speeches  against  these  rulings 
and,  as  they  increased  in  number,  the  excitement 
became  more  intense,  the  crowd  more  boisterous  and 
savage.  The  platform  was  often  crowded  with  frantic 
men;  anxiety  was  at  fever  heat;  and  hot  words  were 
frequently  exchanged. 

As  the  roll-call  was  nearing  a  close  Redwine  was 
slightly  in  the  lead,  and  the  Goebel-Stone  men  were 
shouting  for  a  decision,  when,  suddenly,  the  Hardin 
men  came  to  the  front  with  a  contest  over  the  county 
of  Kenton.  This  contest  involved  thirty-five  delegates 
and  the  decision  of  the  chairman  regarding  it  would 
determine  the  fate  of  Redwine  and  Sweeney.  The 
Goebel-Stone  forces  were  furious,  crying  out  that  it 
was  too  late  for  a  contest.  The  chairman  then  an- 
nounced that  he  had  been  served  with  a  notice  of  con- 
test in  this  particular  case  and  ruled  that  it  was  not 


THE  DEMOCRATIC  MACHINE  79 

too  late.  This  ruling  caused  the  Goebel-Stone  forces 
to  lose  no  time  in  contesting  many  of  the  large  counties 
that  had  instructed  for  Hardin.  Among  these  were 
the  counties  of  Harrison  and  Campbell. 

After  this  the  excitement  grew  still  greater,  with 
small  prospect  of  abating.  Mr.  Johnston  insisted  that 
he,  as  temporary  chairman  of  the  convention,  had  a 
right  to  call  to  his  assistance  whatever  peace  officers  he 
desired  for  the  maintenance  of  order  and  the  preser- 
vation of  the  public  peace,  and  this,  too,  without  the 
advice  or  direction  of  any  organized  body  or  the  Louis- 
ville police.  He  accordingly  appointed  special  bailiffs, 
who  were  soon  present  in  large  numbers  in  the  con- 
vention hall,  while  the  Goebel  followers  called  in  a 
large  number  of  the  Louisville  police  and  riotous  heel- 
ers from  all  over  the  city.  Matters  were  looking 
squally,  and,  when  the  Kenton  County  case  was 
reached,  the  storm  burst.  Many  of  the  adherents  of 
the  three  candidates  mounted  the  platform  and 
crowded  around  Chairman  Johnston.  The  bailiffs  en- 
deavored vainly  either  to  preserve  order  or  to  force  into 
seats  the  crowd  that  gathered  around  the  chairman.  A 
personal  difficulty  arose  between  the  bailiffs  and  some 
of  the  Goebel-Stone  adherents,  and  for  more  than  a 
quarter  of  an  hour  curses  rent  the  air,  blows  resounded 
and  noses  bled.  Finally,  the  chairman  adjourned  the 
convention  for  a  night  session. 

The  fate  of  the  contestants  was  in  the  hands  of  the 
chairman.  If  he  recognized  the  delegation  from  Ken- 
ton  County  as  the  legally  constituted  delegates,  it 
would  noniinate  Mr.  Sweeney,  Mr.  Hardin's  candi- 
date, for  permanent  chairman.  This,  of  course,  would 
mean  the  appointment  of  Hardin  sympathizers  on  the 


80  MY  OWN  STORY 

committee  on  credentials,  and  they  would,  in  all  prob- 
ability, seat  a  sufficient  number  of  Hardin  delegates  to 
give  him  the  nomination,  provided  a  majority  of  the 
delegates  in  the  convention  lived  long  enough  fto  make 
a  nomination.  One  writer,  in  speaking  of  the  effect 
upon  the  convention  of  a  ruling  by  the  chair  adverse 
to  the  Goebel  forces  of  Kentucky,  said  "  that  such  de- 
cision would  precipitate  a  riot  there  was  not  the 
slightest  doubt.  During  the  afternoon  it  had  been  felt 
in  the  air." 

This  catastrophe,  however,  did  not  occur,  as  Mr. 
Johnston  announced  that  he  would  recognize  the  Goebel 
delegates  from  Kenton  as  the  legal  delegates.  This 
ruling  on  the  part  of  Johnston  resulted  in  the  election 
of  Redwine,  the  Goebel-Stone  candidate;  and  when 
once  elected,  he  proved  himself  to  be  very  much  the 
chairman.  He  apparently  desired  the  world  to  sur- 
render on  its  knees.  Parliamentary  usages  formed  no 
part  of  his  code.  He  was  not  there  for  the  convention 
to  direct,  but  to  direct  the  convention.  There  was 
but  one  man  he  obeyed,  but  one  man  he  served,  and 
that  man  was  William  Goebel.  Him  he  served  with  all 
the  fidelity  with  which  a  slave  serves  his  master. 

Throughout  the  whole  of  the  proceedings,  the 
master-spirit  of  William  Goebel  dominated  the  con- 
vention. While  other  men  lost  their  reason  and  per- 
mitted themselves  to  be  carried  away  by  the  excitement 
of  the  hour,  as  by  a  whirlwind,  William  Goebel  was 
as  cool  and  dispassionate  as  an  onlooker  at  a  Sunday- 
school  convention.  It  was  he  who  dictated  the  mem- 
bers of  the  various  committees  and  directed  the  work 
to  be  done  by  them.  At  his  dictation  the  committee 
on  resolutions  indorsed,  bodily,  the  Goebel  Election 


THE  DEMOCRATIC  MACHINE  81 

Law.  He  sent  men  to  their  knees  in  abandonment  of 
their  own  wills.  At  his  command  the  committee  on 
credentials  agreed  to  bunch  the  contested  cases  from 
the  various  counties  and  decide  them  without  regard  to 
the  merit,  or  lack  of  merit,  of  any  individual  case. 
This  was  a  bold  stroke.  The  Hardin  men  were  furious, 
but  Goebel  gave  them  no  consideration.  He  had  out- 
generaled them,  and  now  he  laid  his  plans  to  make  a 
cat's-paw  of  Captain  Stone. 

In  the  interim,  the  Hardin  people  were  enthusias- 
tically working  up  a  mass  meeting  to  protest  against 
the  rulings  of  "  Czar "  Redwine.  The  meeting  was 
largely  attended  and  Redwine  was  bitterly  denounced, 
while  at  the  same  time  the  propriety  of  a  bolt  was  freely 
discussed  at  the  Hardin  headquarters. 

The  fourth  day  of  the  convention  came,  and  the  com- 
mittee on  credentials  was  not  yet  ready  to  report.  The 
Hardin  men  made  the  outcry  that  the  committee  had 
been  out  long  enough,  and  a  motion  was  offered  that 
the  convention  take  up  the  contests  and  determine 
them.  The  motion  pended,  and  again  pandemonium 
reigned.  A  number  of  the  delegates  began  leaving  the 
hall,  but  they  were  seized  by  those  who  desired  them 
to  remain,  and  forcibly  detained.  This  impressed  some 
with  the  idea  that  they  were  about  to  be  arrested, 
which  only  added  to  their  indignation.  The  Honor- 
able Charles  J.  Bronston,  of  Lexington,  mounted  a  seat 
and  made  a  fiery  speech.  Amidst  cheers  and  hisses,  he 
declared  to  such  as  could  hear  him  above  the  din,  that 
he  did  not  care  to  be  heard  by  "  the  thugs  and  hood- 
lums from  the  slums  of  Louisville,  who  had  sur- 
rounded the  convention  with  brass  '  knucks  '  and  guns." 

Finally,  the  committee  on  credentials  completed  its 


82  MY  OWN  STORY 

arduous  (  ?)  labors,  and  reported.  The  Stone-Goebel 
combine  gained,  by  that  report,  one  hundred  and  fifty- 
nine  votes  over  the  vote  that  elected  Redwine  chair- 
man. The  committee  had  been  slow  to  report,  but  it 
had  performed  well  the  duty  assigned  it,  which  was, 
in  substance,  the  bringing  into  being  of  delegates  to 
nominate  Senator  Goebel.  In  other  words,  nearly  the 
entire  gain  scored  by  the  committee's  report  was  in 
straight  Goebel  delegates.  , 

After  this  flagrant  exhibition  of  machine-work, 
General  Hardin  made  his  way  to  the  platform,  while 
the  most  intense  suspense  hushed  to  silence  the  noisy 
convention.  Speculation  was  rife  as  to  what  was  about 
to  occur.  General  Hardin  slowly  and  deliberately 
mounted  the  platform,  although  his  manner  was 
marked  by  a  certain  degree  of  agitation  as  he  stepped 
to  the  rostrum.  He  began  his  remarks  by  saying 
the  interests  of  the  Democratic  party  demanded  that 
he  speak.  He  then  announced  that  he  withdrew  his 
name  from  the  convention ;  that  he  was  no  longer  a 
candidate  for  the  office  of  governor  of  Kentucky.  Men 
often  cease  to  struggle  when  success  is  fairly  within 
their  grasp,  but  this  can  not  be  said  of  General  Hardin. 
Wild  shouts  of  approval  and  disapproval  greeted  his 
unexpected  announcement,  but  the  work  of  the  con- 
vention proceeded  and  the  balloting  was  soon  begun. 

Goebel  developed  startling  strength  and  Stone's  fol- 
lowers were  immediately  filled  with  consternation.  It 
began  to  dawn  upon  them  that  the  committee  on 
credentials  had,  to  use  a  slang  phrase,  "  done  the  work 
for  them."  The  Goebel  men  felt  so  confident  the  nomi- 
nation was  within  their  grasp  that  they  threw 
obligations  to  the  winds.  People  often  throw  their 


THE  DEMOCRATIC  MACHINE  83 

friends  overboard  when,  by  doing  so,  they  will  insure 
their  own  success;  and  it  is  needless  to  say  the  game 
of  politics  often  illustrates  this.  It  was  asserted  at  one 
time  that  a  sufficient  number  of  votes  had  actually  been 
cast  for  Goebel  to  nominate  him,  but  before  these  votes 
could  be  tabulated  and  the  result  announced,  some  of 
the  counties  had  withdrawn  their  ballots  from  his 
support. 

When  Captain  Stone  fully  realized  the  situation  and 
recovered  from  the  shock  of  it,  he  went  at  once  to 
Goebel,  who  was  sitting  in  a  corner  on  the  stage,  and 
demanded  that  he  immediately  withdraw  his  name 
from  the  convention.  "  If  you  do  not,  I  myself  will 
withdraw  at  once  and  nominate  General  Hardin," 
exclaimed  the  outraged  ex-Confederate.  Goebel's 
lieutenants  rushed  to  Captain  Stone,  while  Hardin's 
henchmen  rushed  to  the  front  of  the  stage,  preparatory 
to  giving  a  new  impetus  to  the  Hardin  boom.  Goebel's 
advisers  implored  him  to  accept  Stone's  terms  and  thus 
save  himself  from  the  loss  of  party  platform,  party 
organization,  complete  shipwreck  and  disaster.  To 
their  wild  appeals  for  his  safety  Goebel  listened  un- 
moved. Then,  rolling  his  large  steel-gray  eyes  upon 
them,  he  calmly  said : 

"  If  they  wish  to  nominate  Hardin,  let  them  nomi- 
nate him.  If  they  can  stand  it  I  can." 

After  Stone's  threat  to  nominate  Hardin,  Goebel  and 
Stone  came  together  on  the  stage  and  held  an  animated 
conference  —  at  least  animated  on  the  part  of  Stone. 
Stone  arose  from  his  seat,  with  the  intention,  it  was 
supposed,  of  withdrawing  from  the  race  and  placing 
the  name  of  General  Hardin  in  nomination. 

"  Wait  a  moment,"  said  Goebel. 


84  MY  OWN  STORY 

Then  before  Stone  could  proceed  further,  his  friends 
gathered  about  him  and  advised  him  not  to  act 
precipitately.  In  the  confusion  of  the  moment  the  con- 
vention was  adjourned. 


CHAPTER  XIII 

• 

THE  CONVENTION   DECIDES 

Continuance  of  Democratic  Convention  at  Music  Hall  — 
Despair  of  delegates — Judge  Redwine  refuses  to  entertain 
a  motion  to  adjourn  —  Goebel  is  nominated  —  Democratic 
ticket — Independent  Democrats  repudiate  the  ticket  of 
the  Music  Hall  Convention  —  Objections  of  Prohibition- 
ists—  Anti-Goebel  movement  goes  on  —  Denunciation  of 
the  Goebel  Election  Law 

Monday  morning  found  Music  Hall  again  well 
guarded  by  police.  About  seventy-five  officers  were 
scattered  through  the  convention  hall.  These  were 
henchmen  of  Goebel.  The  Hardin-Stone  men  had  not 
agreed  on  whom  they  would  nominate,  but  did  agree, 
with  a  chorus  of  shouts,  that  the  police  should  be  re- 
moved from  the  convention  hall.  Chairman  Redwine 
refused  to  entertain  either  a  motion  to  this  effect  or 
an  appeal  from  his  decision. 

At  this  point,  the  Hardin-Stone  forces  made  a  mad 
rush  for  the  stage.  A  line  of  police  checked  them. 
Above  the  confusion  Redwine's  voice  could  be  heard 
demanding  that  the  secretary  call  the  roll  for  the  bal- 
loting for  governor.  The  Hardin-Stone  forces  declared 
that  this  should  not  be  done.  "  Give  us,"  they  shouted, 
"  a  vote  upon  our  motion  and  upon  our  appeal." 

The  disorder  continued  so  great  that  twelve  hours  of 
that  day  were  occupied  in  taking  two  ballots.  Nearly 

85 


86  MY  OWN  STORY 

every  time  an  attempt  was  made  to  call  the  roll,  the 
exasperated  Hardin-Stone  supporters  would  fill  the 
hall  with  shouts  and  a  pandemonium  of  hideous  sounds. 
Occasionally  the  delegates  forced  the  unwilling  audi- 
ence to  submit  to  specimens  of  their  vocal  powers.  My 
Old  Kentucky  Home,  There'll  be  a  Hot  Time  in  the 
Old  Town  To-night,  and  Hang  Judge  Redwine  on  a 
Sour  Apple  Tree,  to  the  tune  of  John  Brown's  Body, 
were  among  the  favorites  in  their  choice  repertoire. 

Finally,  Judge  Redwine  decided  he  would  clear  the 
galleries  and  lobbies  and  disperse  those  who,  with 
horns  and  tin  whistles,  alternated  a  bedlam  of  dis- 
cordant noises  with  the  voices  of  his  boisterous  tor- 
mentors. When  he  announced  his  intention,  some  one 
in  the  crowd  cried: 

"  When  you  are  ready  to  clear  this  floor,  nominate 
your  undertaker ! " 

This  is  a  sample  of  the  sentiment  felt  and  expressed 
toward  the  chairman,  and,  although  he  hailed  from  the 
county  of  "  Bloody  Breathitt,"  and  his  name  was  really 
"  Red  wine,"  his  purpose  to  clear  the  lobbies  and  gal- 
leries was  not  carried  out.  Having  abandoned  all 
hope  for  even  the  semblance  of  fair  play,  the  Stone- 
Hardin  men  practically  decided  that  they  would 
make  an  effort  to  adjourn  the  convention  to  Lex- 
ington, or  to  adjourn  it  sine  die,  without  making 
a  nomination.  Delegates  were  becoming  discouraged 
and  worn  out  and  some  were  returning  to  their  homes. 
The  action  of  the  convention  had  been  in  so  many  ways 
notorious,  such  bitter  feelings  had  been  engendered, 
and  so  much  dissatisfaction  caused,  that  it  was  thought 
best  not  to  make  a  nomination  at  that  time.  Accord- 
ingly, when  the  convention  met  next  day,  a  motion  was 


THE  CONVENTION  DECIDES  ,87 

made  to  adjourn  it  sine  die,  and  to  instruct  the  state 
executive  committee  to  issue  a  call  for  another  con- 
vention. 

Both  Captain  Stone  and  General  Hardin,  in  speeches 
to  the  delegates,  urged  the  adoption  of  this  motion. 
Here  was  another  crisis.  If  the  delegates  were  per- 
mitted to  vote  on  this  motion,  there  was  not  the 
slightest  doubt  the  turbulent  convention  would  be  ad- 
journed. It  was  now  necessary,  therefore,  for  the 
chairman  to  exhibit  more  cool  nerve  than  he  had  shown 
before,  and  to  proceed  with  even  less  regard  for  the 
formalities  of  parliamentary  usage.  But  Judge  Red- 
wine  was  equal  to  the  occasion ;  he  was  one  chairman 
in  ten  thousand.  He  arose,  or  descended,  as  the  exi- 
gencies of  the  moment  might  require,  to  any  plane  of 
dictatorial  despotism.  He  now  emphatically  declared 
that  he  "  would  not  entertain  any  motion,  the  object 
of  which  was  to  strike  at  the  foundation  of  the  con- 
vention's existence." 

The  Hardin-Stone  men  tried  in  vain  to  appeal  from 
the  decision  of  the  chair.  The  chairman  ruled  that 
such  a  motion  was  very  much  out  of  order  and  forth- 
with ordered  that  the  balloting  proceed. 

It  did  proceed,  and  after  lasting  six  long,  stormy, 
anxious  days  —  days  fraught  with  excitement  and 
danger  —  the  convention  finally  nominated  Mr.  Goebel 
on  the  twenty-fifth  ballot,  and  the  struggle  at  last  was 
ended. 

Goebel's  speech  of  acceptance  was  characteristic  of 
the  man.  It  was  neither  honeycombed  with  flattery  nor 
laden  with  sentiment  of  any  kind.  He  virtually  told 
those  who  had  opposed  him  that  he  had  defeated  them 
in  the  struggle,  and  that  it  was  now  their  duty  as  good 


88  MY  OWN  STORY 

Democrats  to  assist  in  electing  him  governor.  At  the 
conclusion  of  his  short  speech,  Goebel  retired  from  the 
convention  hall,  leaving  the  love-feast  to  those  who 
might  enjoy  it. 

The  affair,  as  a  whole,  could  scarcely  be  called  a 
brilliant  success.  On  the  next  and  final  day  of  the 
convention,  candidates  for  the  minor  state  offices 
were  nominated,  almost  entirely  at  the  dictation  of  Mr. 
Goebel.  They  were:  Mr.  J.  C.  W.  Beckham,  of 
Nelson  County,  for  lieutenant-governor ;  Judge  Robert 
J.  Breckinridge,  of  Boyle  County,  for  attorney-general ; 
Mr.  Gus  G.  Coulter,  of  Graves  County,  for  auditor 
of  public  accounts ;  Mr.  S.  W.  Haager,  of  Boyd  Coun- 
ty, for  treasurer ;  Mr.  C.  Breck  Hill,  of  Clark  County, 
for  secretary  of  state;  Mr.  H.  V.  McChesney,  of 
Livingston  County,  for  superintendent  of  public  in- 
struction ;  Mr.  I.  B.  Nail,  of  Louisville,  for  commis- 
sioner of  agriculture. 

So  rapidly,  fiercely  and  tumultuously  do  events  fol- 
low one  another  here  in  our  American  Republic 
that  they  upset  the  calculations  of  politicians,  and 
change,  almost  in  the  twinkling  of  an  eye,  the  chances 
of  success  for  political  parties.  The  popular  things 
and  paramount  issues  of  to-day  are  repudiated  to- 
morrow, and  this,  too,  without  a  moment's  warning. 
The  glittering  prospect  of  success  in  the  political  arena 
is  turned  into  dismal  defeat  with  similar  celerity.  Fol- 
lowing the  nomination  of  Mr.  Goebel  were  many 
difficulties  in  the  way  of  his  success,  numerous  charges 
of  more  or  less  gravity  of  import  were  brought  against 
him,  and  among  these  was  one  that  he  had  killed  his 
man.  John  Sanford,  of  Covington,  Kentucky,  was  the 
victim.  He  was  an  ex-Confederate  soldier,  a  promi- 


THE  CONVENTION  DECIDES  89 

nent  banker  and  a  gentleman  of  high  social  and  busi- 
ness standing.  On  account  of  the  killing  of  Sanford, 
nine-tenths  of  the  ex-Confederates  of  the  state  declared 
they  would  not  support  Goebel. 

It  is  true  that  it  was  said  of  his  election  law  that 
it  left  "  nothing  to  chance."  It  did  not  leave  much ; 
but  the  people  are  always  the  master  when  they  choose 
to  use  the  whip.  When  they  will  it,  political  machines 
are  smashed  into  atoms.  In  this  instance,  the  people 
were  aroused.  The  methods  of  the  Music  Hall  con- 
vention were  vigorously  assailed.  The  unseating  of 
delegates,  the  packing  of  the  hall  with  Louisville  police 
and  firemen,  the  arbitrary  rulings  of  the  partizan 
Redwine,  were  all  loudly  denounced  by  Democrats, 
both  in  public  and  private  life.  Many  ministers  over 
the  state  —  in  fact,  the  majority  of  them  —  in  their 
sermons  and  private  talks,  moralized  upon  the  Music 
Hall  convention,  its  candidates  and  the  probable  con- 
sequences of  their  nomination. 

An  enthusiastic  meeting  of  Democrats  was  soon  held 
at  Mt.  Sterling,  Kentucky,  calling  upon  the  Democracy 
of  the  state  to  repudiate  the  nominees  of  the  Music 
Hall  convention.  Other  meetings  were  held  for  a  simi- 
lar purpose,  following  in  rapid  succession  in  other 
parts  of  the  state.  The  meeting  at  Bowling  Green 
probably  elicited  more  comment  than  any  of  the  others. 
Theodore  F.  Hallam,  of  Covington,  one  of  the  most 
gifted  men  of  the  state,  was  the  speaker  of  the  occasion, 
and  part  of  his  speech  was  much  commented  on.  He 
declared  that  he  was  a  Democrat  and  held  that  there 
was  much  sacredness  in  the  word  "nominee." 

"  I  have  always,"  he  said,  "  stood  ready  to  vote  for 
a  yellow  dog  if  he  was  nominated  on  the  Democratic 


90  MY  OWN  STORY 

ticket.  I  stand  ready  and  willing,  to-day,  to  go  that 
far,  but  lower  you  shall  not  drag  me." 

Personal  difficulties  were  narrowly  averted.  It  was 
early  discovered  that  the  brains  of  the  Democratic 
party  in  the  state  were  against  the  Goebel  ticket.  Such 
men  as  the  late  Colonel  W.  C.  P.  Breckinridge,  Gen- 
eral Basil  W.  Duke,  ex-Governor  Simon  Bolivar  Buck- 
ner,  and  men  of  that  type,  were  known  to  be  in  oppo- 
sition to  the  Goebel  faction.  Intolerance  and  tyranny 
compass  their  own  ruin  by  driving  from  their  support 
men  who  can  not  be  coerced  and  who  have  the  ability 
to  think  and  the  courage  to  act.  Many  of  the  rank  and 
file  of  the  party  were  willing  to  follow  such  men  as 
Duke  and  Buckner.  They  had  followed  them  before  in 
the  days  of  the  country's  peril. 

The  Prohibitionists  of  the  state  also  took  a  bold 
stand,  and  said  in  their  platform :  "  We  demand  the 
repeal  of  the  odious  Goebel  Election  Law."  The  Popu- 
lists said  in  theirs :  "  We  denounce  the  infamous 
Goebel  Election  Law  and  demand  its  repeal."  The 
temperance  people  attacked  Mr.  Goebel  and  charged 
him  with  having  defeated  a  local  option  bill,  when  he 
was  the  temporary  presiding  officer  of  the  Kentucky 
Senate. 

Thus  the  anti-Goebel  movement  grew  in  volume  and 
intensity,  and  it  was  early  decided  to  nominate  an- 
other full  Democratic  state  ticket.  It  was  learned 
authoritatively  that  the  late  ex-Governor  John  Young 
Brown  would  accept  the  nomination  for  governor  at 
the  head  of  the  anti-Goebel  forces,  and  lead  their  fight. 
There  was  not  a  Democrat  in  the  state  who  had  been 
more  loyal  in  his  support  of  all  Democratic  men  and 
measures  than  John  Young  Brown.  In  faithful  and 


Goebel's  chair  and  correspondence 

In  Goebel's  bedroom  in  Covington 

His  house 
GOEBEL'S  HOME   IX  COVIXGTOX 


THE  CONVENTION  DECIDES  91 

efficient  performance  of  his  duty,  his  record  as  gov- 
ernor of  the  state  had  been  surpassed  by  none  of  his 
predecessors.  His  public  and  private  life  was  without 
blemish,  and  besides  these  recommendations  as  a  man 
and  a  candidate,  he  possessed  that  which  is  possibly  of 
even  more  value  in  a  campaign  —  the  gift  of  oratory. 

Bryan  had  cast  his  fortune  in  Kentucky  with  that 
of  Goebel  —  an  action  which  created  a  certain  amount 
of  depression  among  the  anti-Goebel  Democrats;  but 
when  Brown  expressed  a  willingness  to  be  their  leader, 
a  fresh  impetus  was  given  to  their  cause.  On  the 
sixth  of  August,  the  anti-Goebel  men  held  their  state 
convention  at  Lexington.  The  crowd  was  large  and 
enthusiastic,  and  ex-Governor  Brown  was  nominated 
by  acclamation  to  lead  the  fight  against  the  Goebel 
forces.  He  made  a  stirring  and  eloquent  speech  of 
acceptance. 

"  Are  you  ready,"  he  asked,  "  to  bow  down  in  abject 
submission?  Are  you  ready  to  surrender  your  birth- 
right under  the  name  of  party  regularity  ?  "  He  said 
that  the  man  who  would  tamper  with  the  humblest  citi- 
zen's right  to  vote,  or  the  man  who  would  falsify  that 
vote  was  "  a  public  enemy,  and  worse  than  an  assas- 
sin." He  declared  "that  the  civilization  of  the  age 
would  approve,  and  the  moral  atmosphere  of  every 
community  would  be  purified,  if  the  scoundrel  should 
be  forced  to  don  a  felon's  stripes,  and  hold  his  con- 
versations through  barred  doors." 

The  other  candidates  nominated  were :  Major  P.  P. 
Johnston,  of  Fayette  County,  for  lieutenant-governor; 
L.  P.  Tanner,  of  Daviess  County,  for  attorney-general ; 
Frank  Pasteur,  of  Caldwell  County,  for  auditor  of 
public  accounts;  Captain  E.  L.  Hines,  of  Warren 


92  MY  OWN  STORY 

County,  for  secretary  of  state;  Mr.  John  Droedge,  of 
Kenton  County,  for  treasurer;  the  Reverend  E.  O. 
Guerrant,  of  Jackson  County,  for  superintendent  of 
public  instruction;  and  Mr.  G.  H.  Van  Derveer,  of 
Lincoln  County,  for  commissioner  of  agriculture. 

The  platform  adopted  was  a  very  strong  one.  It 
denounced  the  Goebel  Election  Law  in  no  uncertain 
terms ;  it  declared  that  the  Music  Hall  convention  was 
"  held  up  "  by  police,  and  robbed  by  Judge  Redwine's 
unprecedented  rulings,  and  that  one-third  of  the  Demo- 
crats of  the  state  had  been  disfranchised. 


CHAPTER  XIV 

* 

THE  REPUBLICAN   CONVENTION 

Race  for  nominations  on  the  Republican  ticket  —  State  con- 
vention at  Lexington  —  I  am  nominated  for  Secretary  of 
State 

Such  were  the  events  which,  step  by  step,  had  led 
to  this  condition  of  Kentucky  Democracy,  and  this  was 
the  situation  i  in  which  that  party  found  itself  at  the 
threshold  of  the  famous  campaign  of  1899.  As  my 
fate  was  to  be  cast  in  lines  similar  to  those  of  the 
Republican  party,  my  own  situation  may  be  the  better 
understood  if  the  conditions  confronting  my  party  at 
this  time  are  clearly  in  mind.  I  aspired  to  the  Repub- 
lican nomination  for  the  office  of  secretary  of  state.  I 
talked  this  matter  over  with  many  of  my  warm  friends, 
but  I  did  not  indicate,  as  is  usually  the  case,  how  I 
wished  to  be  advised. 

There  is  a  strong  desire,  if  not  a  necessity,  in  every 
soul  to  impart  its  joys  and  aspirations.  I  gave  the 
matter  serious  thought  myself,  and,  after  weigh- 
ing the  advantages  and  disadvantages  of  such  an 
undertaking,  and  not  forgetting  the  possibilities  of 
success  or  defeat,  I  decided  to  enter  the  contest  for  the 
nomination.  Having  determined  upon  my  course,  I 
decided  to  push  my  candidacy  with  vigor.  One  who 
enters  politics  with  any  reasonable  hope  of  success  must 
be  willing  to  stake  his  all  upon  one  throw  of  the  dice. 

93 


94  MY  OWN  STORY 

The  race  for  the  nomination  for  governor  waxed 
warm,  and  in  that,  as  in  every  other  similar  contest, 
interest  in  the  lower  places  on  the  state  ticket  was  over- 
shadowed by  the  all-absorbing  contest  for  the  guberna- 
torial nomination.  The  entries  in  the  race  were  Wil- 
liam S.  Taylor,  of  Morgantown,  Butler  County,  who 
had  been  the  attorney-general  of  the  state  under  Gov- 
ernor Bradley's  administration;  Colonel  Samuel  H. 
Stone,  of  Richmond,  auditor  of  public  accounts  under 
the  same  administration;  and  Judge 'Clifton  J.  Pratt, 
of  Hopkinsville,  Christian  County,  a  man  successful  as 
lawyer,  politician  and  financier.  There  were  five  en- 
tries, including  myself,  for  the  office  of  secretary  of 
state.  As  the  various  counties  in  the  state  soon  called 
their  conventions  —  they  were  held  on  different  days 
—  it  was  most  agreeable  to  me  to  see  that  I,  despite 
fierce  opposition,  was  receiving  more  instructed  votes 
than  any  of  my  opponents. 

I  arrived  at  Lexington  to  attend  the  state  convention 
rather  early  in  the  action,  opened  headquarters  at  the 
Phoenix  Hotel  and  worked  with  unflagging  zeal  to 
secure  the  nomination  for  the  office  I  sought.  I  knew 
few  of  the  party  leaders,  and  consequently  was 
placed  at  a  great  disadvantage;  but  my  candidacy 
progressed  admirably,  and  for  a  time  I  was  on,  or 
thought  I  was  on,  "  the  slate "  for  nomination,  al- 
though it  was  strenuously  denied  by  those  in  control 
of  the  convention  that  there  was  any  slate.  But  who 
ever  heard  of  a  state  convention  where  there  was  no 
slate  ? 

The  night  before  nominations  were  to  be  made,  a 
change  in  the  program  occurred  and  it  was  decided  by 
those  supposed  to  be  in  authority  that  it  would  not  be 


THE  REPUBLICAN  CONVENTION        95 

good  policy  to  nominate  me,  for,  besides  being  un- 
known, I  was  "  so  young." 

The  nomination  of  W.  S.  Taylor  for  the  governor- 
ship was  almost  a  foregone  conclusion  from  the  very 
beginning.  His  record  as  attorney-general  of  the  state 
was  unimpeachable.  Stone,  however,  had  conducted 
the  office  of  auditor  of  public  accounts  to  the  entire 
satisfaction  of  the  public,  while  Pratt  had  been  circuit 
judge  for  a  number  of  years  and  had  made  an  efficient 
officer.  Taylor,  however,  seemed  to  have  captured  the 
public's  favor,  although  the  other  candidates  were  men 
with  clean  and  admirable  records. 

When  Judge  James  Breathitt,  chairman  of  the  con- 
vention, announced  that  nominations  for  governor  were 
in  order,  Colonel  Stone  and  Judge  Pratt  withdrew  their 
names  from  consideration  of  the  convention,  and 
W.  S.  Taylor  was  declared  the  Republican  nominee 
for  governor.  The  wildest  enthusiasm  prevailed  when 
the  action  of  the  delegates  was  officially  announced. 

After  the  Honorable  John  Marshall,  of  Louisville, 
was  nominated  lieutenant-governor,  the  nomination  for 
secretary  of  state  was,  according  to  the  program  de- 
cided on,  next  in  order.  The  moments  were  filled  with 
suspense  for  me.  Senator  W.  J.  Deboe,  Kentucky's 
first  Republican  United  States  senator,  at  this  time 
reputed  to  be  the  principal  slate-maker  of  the  con- 
vention, had  just  said  to  me  that,  unless  I  agreed  to 
an  adjournment  of  the  convention  until  the  after- 
noon, before  the  nomination  for  the  office  I  sought  was 
made,  I  would  be  defeated.  I  did  not  agree  to  the 
adjournment,  because  I  believed  a  majority  of  the 
delegates  then  favored  my  nomination,  and  I  feared 
to  allow  the  politicians  any  time  whatever  wherein  they 


96  MY  OWN  STORY 

might  lay  plans  to  secure  my  defeat.  It  is  just  to 
Senator  Deboe  to  say,  however,  that  after  a  motion  to 
adjourn  the  convention  was  put  and  lost,  and  after  the 
various  candidates  for  the  nomination  for  secretary  of 
state  were  placed  in  nomination,  Senator  Deboe  and 
his  friends  heartily  supported  my  candidacy.  I  hoped 
for  success,  but  was  prepared  for  defeat. 

For  two  nights  I  had  not  sought  rest  until  two 
o'clock  in  the  morning,  because  I  was  working  and 
planning  for  victory.  I  had  done  all  I  could  do, 
and  was  anxious  for  the  struggle  to  end  and  the  results 
to  become  known.  Uncertainty  .wears  life  threadbare. 
Many  interested  politicians  were  on  the  platform  with 
me  when  my  name  was  placed  before  the  convention. 
The  broad  amphitheater  in  front  of  us  was  packed  with 
an  excited  mass  of  humanity,  composed  largely  of 
young  men  who  were  the  hope  and  promise  of  what 
had  only  recently  assumed  the  proportions  of  a  great 
political  party  in  Kentucky,  while  to  the  rear  of  the 
stage,  the  telegraph  wires  were  flashing  the  proceed- 
ings of  the  convention  to  all  parts  of  an  anxious  and 
expectant  state.  To  me,  very  naturally,  the  seconds 
were  charged  with  intense  interest  and  suspense. 

Before  the  votes  of  the  various  counties  had  all  been 
announced,  it  was  evident  that  I  had  received  a  major- 
ity of  all  the  ballots  in  the  power  of  the  convention  to 
cast,  and  my  nomination  was,  of  course,  assured.  My 
heart  throbbed  with  joy.  The  struggles  of  my  life 
were  now  rewarded ;  my  ambitions  vaulted  skyward. 
After  nominating  the  Reverend  John  S.  Sweeney, 
of  Paris,  Bourbon  County,  for  auditor  of  public  ac- 
counts ;  Walter  R.  Day,  of  Breathitt  County,  for  state 
treasurer;  Professor  John  Burke,  of  Newport,  Camp- 


THE  REPUBLICAN  CONVENTION        97 

bell  County,  for  superintendent  of  public  instruction, 
and  John  W.  Throckmorton,  of  Lexington,  Fayette 
County,  for  commissioner  of  agriculture,  the  conven- 
tion adjourned.  It  had  been  harmonious  throughout 
and  was  in  striking  contrast  to  the  turbulent  affair 
held  in  Music  Hall. 


CHAPTER  XV 

MR.    BRYAN   VISITS   KENTUCKY 

Goebel  opens  his  campaign  at  Mayfield  —  His  reluctance  to 
mix  with  people  —  Republican  campaign  begins  at  London 
—  Opening  of  anti-Goebel  campaign  at  Bowling  Green  — 
Goebel  refuses  to  take  part  in  joint  debate  —  Mr.  Bryan 
on  the  stump  for  Goebel  —  Louisville  election  board  re- 
moves election  officers 

Goebel  formally  opened  his  campaign  at  Mayfield, 
Graves  County,  August  twelfth.  Those  who  had  pre- 
dicted that  he  would  meet  with  a  chilling  reception  and 
then  and  there  realize  the  hopelessness  of  his  cause 
proved  to  be  false  prophets.  The  crowd  was  there, 
there  can  be  no  doubt  of  that;  but,  as  has  been  said 
of  it,  "  it  was  rather  a  cold  and  curious  crowd,"  and 
Goebel  added  nothing  whatever  to  its  enthusiasm,  even 
when  the  time  came  for  him  to  address  it.  In  marked 
contrast  to  Blackburn,  he  had  but  little  to  say,  and 
what  he  said  and  his  manner  of  saying  it  were  cold. 
Great  men  do  not  affiliate  freely  with  others,  but  dwell 
apart  from  their  fellows,  and  Goebel,  in  some  respects, 
was  a  great  man  —  great  in  intellect,  great  in  energy, 
great  in  will.  But,  he  was  not  a  good  "  mixer,"  for  he 
possessed  neither  personal  magnetism  nor  personal 
attraction.  He  never  condescended  to  personal  famil- 
iarity or  personal  intimacy.  He  did  not  achieve  suc- 
cess in  the  political  arena  in  what  may  be  termed  a  pop- 

98 


MR.  BRYAN  VISITS  KENTUCKY         99 

ular  manner.  He  neither  passed  pleasantries  nor  re- 
counted jokes.  He  disliked  hand-shaking  as  a  business, 
and  only  submitted  to  it  when  it  could  not  be  avoided. 
He  was  a  political  strategist,  a  schemer,  a  planner.  He 
had  fought  life's  battle,  beginning  in  the  ranks  of  pov- 
erty. He  was  bold,  daring,  self-reliant,  a  lawyer  of 
ability,  and  so  confident  of  his  own  opinions  that  his 
advisers  usually  became,  in  the  end,  instead  of  his 
counselors,  the  creatures  of  his  dominating  will.  That 
he  must  now  come  in  personal  contact  with  the  voters 
was  uncongenial  for  Goebel  and  it  is  small  wonder  that 
he  was  not  more  successful. 

When  he  made  his  first  speech  at  the  launching  of 
his  political  ship,  he  spoke  about  thirty  minutes,  and 
then  fell  over  suddenly  as  if  dead.  The  severe  heat 
of  the  day  had  prostrated  him  and  he  was  unable  to 
resume  speaking  until  some  time  had  elapsed.  The 
superstitious  —  and  they  are  always  to  be  found  —  con- 
sidered this  a  bad  omen  for  Goebel  and  his  ticket. 
Senator  J.  C.  S.  Blackburn  followed  Mr.  Goebel  in  a 
characteristic  speech.  "  If  political  thievery  is  to  con- 
tinue in  Kentucky,  in  spite  of  the  Goebel  Election 
Law,"  he  said,  "  I  am  willing  to  swear  that  the  other 
fellows  will  not  do  the  stealing." 

The  Republicans  opened  their  campaign  at  London, 
on  August  twenty-second.  Taylor  is  a  gifted  and 
warm-mannered  speaker,  and  was  greeted  with  enthu- 
siasm. "  When,"  said  he,  "  a  law  fails  to  provide 
against  any  inequalities  and  wrongs,  it  is  equivalent 
to  a  direction  to  do  wrong.  To  make  possible  is  to 
license.  The  Goebel  followers  propose  to  rob  us  of 
our  suffrage  in  this  campaign  if  we  will  permit  it. 
Every  election  board  in  each  of  the  one  hundred  and 


ioo  MY  OWN  STORY 

nineteen  counties  in  the  state  is  packed  with  a  majority 
of  Goebel  partizans.  Even  where  Republicans  have 
been  named  as  precinct  election  officers,  in  many  cases, 
they  are  old,  infirm  and  wholly  incompetent  to  act. 
And  we  are  told,  with  solemnity,  that  the  decisions  of 
the  various  election  boards  are  final  and  conclusive  — 
too  sacred  to  be  touched  by  human  hands.  It  is  not  a 
question  of  parties,  it  is  not  a  question  of  men,  but  it 
is  a  question  whether  we  shall  longer  exist  as  a  free 
people."  He  spoke  with  angry  vehemence,  his  long, 
shaggy,  black  hair  waving  in  the  wind,  his  bony 
fingers  clenched  hi  emphasis. 

Four  days  after  the  Republicans  had  opened  the 
campaign  at  London,  the  anti-Goebel  Democrats 
opened  theirs  at  Bowling  Green.  Ex-Governor  Brown 
made  a  stirring  address.  After  Mr.  Brown  had  re- 
ceived the  nomination  for  the  governorship,  at  Lex- 
ington, Goebel  and  his  followers  made  him  the  special 
object  of  their  acrimony.  Ex-Governor  Brown  in  turn 
now  trained  his  batteries  upon  them,  and,  in  his  usual 
vigorous  style,  delivered  some  telling  blows. 

The  campaign  waxed  warmer  and  warmer,  if  it  is 
not  doing  violence  to  the  word  to  call  it  a  campaign. 
It  danced  on  the  ragged  edge  of  a  vendetta.  Charges 
and  countercharges  were  made.  Denunciation,  re- 
criminations, threats  and  violence  marked  every  step 
of  the  belligerent  crowds.  The  whole  state  was  a 
hotbed  of  strife  and  hatred.  Even  to  this  day  the 
passions  and  prejudices  of  the  forces  that  lined  up  on 
either  side  of  this  controversy  have  by  no  means  van- 
ished. 

Early  in  the  campaign,  Goebel's  Henchmen  saw  that 
the  breach  was  too  wide  for  them  to  think  of  inducing 


COLONEL   "JACK"   CHINN,   WHO  WAS   WITH   GOEBEL   WHEN   THE 
LATTER   WAS  SHOT 


MR.  BRYAN  VISITS  KENTUCKY       101 

the  anti-Goebel  men  to  join  their  ranks  by  persuasive 
methods,  so  they  sought  to  force  them.  Goebel  himself 
became  more  and  more  bitter  in  his  denunciation  of 
those  Democrats  who  opposed  his  election.  In  his 
speech  at  Bowling  Green,  shortly  after  ex-Governor 
Brown  had  opened  his  canvass,  he  said,  in  speaking  of 
those  who  opposed  him :  "  I  ask  no  quarter,  and  I 
fear  no  foe."  At  the  same  time  he  spared  none,  and, 
in  fact,  he  singled  out  and  attacked  each  and  every 
man  of  political  standing  among  his  opponents.  The 
shaft  he  aimed  at  Major  W.  C.  Owens  was  that  Owens 
disliked  him  because  he  had  used  his  influence  against 
faro-banks  and  other  gambling  devices  and  resorts, 
which  had  "  interfered  with  Owens'  regular  business, 
so,  of  course,  he  does  not  like  it."  He  charged  Theo- 
dore Hallam  with  having  a  brother  in  the  peniten- 
tiary, while  his  followers  castigated  the  late  Colonel 
W.  C.  P.  Breckinridge  and  ex-Governor  Simon  Bolivar 
Buckner  unmercifully.  As  we  know  the  fruitful  apple- 
tree  by  the  number  of  stones  at  its  roots  and  by  the 
number  of  sticks  thrown  into  its  branches,  so  we  know 
the  caliber  of  men  by  the  way  they  are  traduced  and 
denounced.  The  man  who  amounts  to  anything  — 
who  is  anybody  —  expects  to  be  criticized  and  vilified. 
All  great  men  understand  this ;  it  is  as  certainly  one  of 
the  penalties  of  greatness,  as  it  is  a  proof  of  greatness, 
to  be  able  to  endure  these  attacks  without  resentment. 
The  Brown  spellbinders  made  much  capital  out  of 
the  fact  that  Goebel  had  refused  to  meet  their  cham- 
pion in  joint  debate,  while  those  whom  Mr.  Goebel 
had  attacked  in  a  personal  manner  responded  in  lan- 
guage equally  severe.  Major  Owens  said  that  he 
opposed  Goebel,  not  for  the  reason  given  by  him,  but 


102  MY  OWN  STORY 

because  Goebel  had  violated  three  Christian  precepts 
—  Thou  shalt  not  lie,  Thou  shalt  not  steal,  Thou  shalt 
not  kill.  Mr.  Hallam  denied  the  charge  of  having  a 
brother  in  the  penitentiary  and  added  that  while  Mr. 
Goebel  had  no  brother  in  the  penitentiary,  "  his  brothers 
have  a  brother  who  ought  to  be  there." 

When  excitement  and  bad  feeling  had  grown  to 
such  proportions  that  it  was  obviously  impossible  to 
assuage  them,  Mr.  Bryan  was  induced  by  Mr.  Goebel 
to  come  to  Kentucky.  It  was  hoped  that  the  Ne- 
braskan's  appearance  would  at  least  turn  the  tide, 
if  it  did  not,  in  fact,  allay  the  passions  entirely. 

The  Goebel  supporters  were  in  high  feather  when 
Bryan's  tour  of  the  state  was  ended,  and  he  had 
departed  for  a  similar  journey  through  Ohio.  The 
famous  Democratic  national  leader  left  behind  in  Ken- 
tucky the  most  roseate  visions  of  am  harmonious  De- 
mocracy marching  to  victory.  But  these  were  only 
visions.  The  Brown  contingent,  like  Banquo's  ghost, 
would  not  down,  even  at  the  bidding  of  Mr.  Bryan. 
It  was  made  of  sturdy  stuff.  It  represented  the  brain 
and  character  of  the  Democratic  party  in  Kentucky, 
and  the  men  composing  it  refused  to  be  driven.  It 
is  easy  to  arouse  the  feelings  of  the  rabid  and  mystify 
the  minds  of  the  ignorant,  but  to  carry  the  man  of 
calm  and  sober  thought  off  his  feet  is  a  difficult  matter. 

The  last  week  of  the  campaign  was  replete  with 
stirring  events.  No  candidate  felt  that  his  election 
was  a  certainty,  and  each  one  stubbornly  continued 
the  fight  until  the  polls  were  closed  on  the  evening 
of  election  day.  Goebel  confined  his  canvass  of  the 
last  week  principally  to  Louisville.  The  Republicans 
had  special  trains  flying  over  the  state,  on  which  were 


MR.  BRYAN  VISITS  KENTUCKY        103 

Governor  Bradley  and  other  prominent  men  of  the 
party,  who  made  speeches  at  every  station,  while  Mr. 
Taylor  and  others  did  similar  work.  Bradley  said, 
in  speaking  of  the  theft  of  the  ballot :  "  Yes,  I  would 
rather  steal  the  last  crumb  from  a  hungry  beggar, 
mean  and  despicable  as  that  would  be,  than  rob  my 
fellow  citizen  of  his  vote."  George  Denny,  a  Republi- 
can orator  of  no  mean  ability,  said :  "  The  man  who 
casts  out  a  legal  ballot  is  a  traitor  to  his  country  and, 
in  the  language  of  Patrick  Henry,  *  Give  me  liberty 
or  give  me  death.'  If  this  is  incendiary,"  he  continued, 
"  I  say,  make  the  most  of  it." 

Late  in  the  afternoon  of  the  day  before  the  election, 
the  Louisville  election  board  unceremoniously  threw 
out  eighty-seven  Republican  election  officers,  and 
filled  their  places  with  men  who  could  be  relied  upon  to 
meet  the  emergencies  of  the  occasion.  This  changed 
the  personnel  of  half  the  voting  precincts  in  the  city. 
The  appointment  of  the  extra  police,  the  refusal  of 
the  election  board  to  allow  the  Brown  organization  and 
the  Populist  and  the  Prohibition  inspectors  at  the  polls, 
the  wholesale  removal  of  the  Republican  precinct  elec- 
tion officers  less  than  eighteen  hours  before  the  polls 
were  opened,  were  the  "  culmination  of  infamy,"  as 
the  Republicans  expressed  it,  and  were  merely  fore- 
runners of  the  next  day's  proceedings. 

The  news  of  the  removal  of  the  Republican  precinct 
officers  spread  over  the  city  like  wildfire.  Men  became 
drunk  with  passion.  The  wires  of  the  telephone  and 
telegraph  were  hot  with  the  outrageous  news,  and 
alarm  and  terror  swept  swiftly  over  the  entire  state. 
Enraged  and  outraged  men  walked  the  streets  of  Louis- 
ville, torn  with  conflicting  emotions.  The  great  crowd 


104  MY  OWN  STORY 

vacillated  between  violence  and  submission  for  more 
than  an  hour.  The  excitement  was  so  intense  that 
Governor  Bradley  canceled  his  appointment  to  speak 
in  the  city  that  night,  but  both  Goebel  and  Blackburn 
addressed  immense  crowds. 


CHAPTER  XVI 

ELECTION  DAY   IN   KENTUCKY   IN    1899 

Election  day  —  "Repeaters'  paradise"  —  Assembling  of  mili- 
tary —  Republicans  win  by  a  safe  plurality  —  Democrats 
claim  election  —  Election  board  renders  decision  in  favor 
of  Republicans 

The  early  morning  of  election  day  saw  thousands  of 
voters  on  their  way  to  the  polls  —  some  to  be  allowed 
the  exercise  of  their  sacred  rights  as  citizens,  while 
others  were  to  be  denied  theirs.  In  Lexington  and 
other  cities  the  most  stupendous  corruption  prevailed. 
In  Louisville,  in  some  precincts,  the  voting  places 
were  removed.  In  others  the  voting  did  not  begin 
until  late  in  the  day;  in  many  it  did  not  begin  at  all, 
it  is  said,  until  plans  had  been  matured  to  sink  the 
ballot-boxes  in  the  Ohio  River  after  the  polls  had 
been  closed;  and  in  still  others  ballot-boxes  were 
heavily  "  padded  "  before  the  voting  began.  Louis- 
ville was  overrun  with  "  repeaters "  from  other 
cities,  and  proved  in  truth  on  this  day  to  be  the  re- 
peaters' paradise;  for  they  were  protected  by  police- 
men, firemen,  thugs  and  bullies.  In  droves  the 
"  phony  "  voters  were  chaperoned  throughout  the  day 
from  one  voting-place  to  another,  and  gave  the  names 
and  cast  the  votes  of  actual  or  supposed  residents  of 
the  city,  while  officers  of  the  law,  whose  duty  it  was 
to  protect  the  ballot,  bade  them  God-speed. 

105 


io6  MY  OWN  STORY 

By  order  of  Governor  Bradley,  the  military  had 
been  assembled  in  the  armory  in  anticipation  of  trouble, 
but  was  not  called  out  until  three  hours  after 
the  polls  had  been  closed.  Three  companies  then  left 
the  armory  and  visited  only  eight  of  the  polling  places 
where  trouble  had  been  reported.  Fraud  and  cor- 
ruption ran  riot  at  a  majority  of  the  voting  precincts 
throughout  the  entire  city.  In  spite  of  all  this  the 
opposition  to  the  Goebel  ticket  was  so  overwhelming 
that  it  was  learned  early  in  the  night  that  the  Repub- 
licans had  carried  Louisville  by  a  majority  of  nearly 
twenty-five  hundred,  and,  before  morning  dawned, 
the  Republicans  knew  that  Taylor  and  his  ticket  had 
won  by  a  safe  plurality,  although  at  the  Goebel  head- 
quarters the  state  was  claimed  for  the  Goebel  forces. 
Had  not  the  Goebel  followers  and  those  operating 
under  the  Goebel  Election  Law  underestimated  the 
magnitude  of  the  opposition  to  the  Goebel  ticket,  the 
result  might  have  been  written  in  different  figures. 

On  Wednesday,  when  Taylor  reached  Louisville, 
he  gave  to  the  country  a  signed  statement,  in  which 
he  said  he  had  been  elected  in  spite  of  the  disfran- 
chisement  of  twenty-five  thousand  voters  favorable  to 
him;  and  that  the  trust  which  the  people  had  con- 
fided to  him  would  be  assumed  and  maintained.  When 
Goebel  reached  his  headquarters  at  Frankfort  from 
Covington,  where  he  had  spent  election  day,  his  fol- 
lowers and  adherents  were  panic-stricken.  A  crowd  of 
his  supporters  met  him  at  the  train  and  followed  him 
to  the  Capital  Hotel,  where  they  induced  him  to  make 
a  speech  from  its  steps.  They  were  anxious  to 
know  what  he  had  to  say  about  the  election.  His 
words  were  worth  more  to  them  and  they  placed 


ELECTION  DAY  IN  KENTUCKY  IN  1899    107 

more  confidence  in  them  than  in  any  returns  they  might 
receive. 

Goebel  was  more  excited  than  his  worshiping  fol- 
lowers had  ever  seen  him.  When  the  crowd  cheered 
him  madly  as  the  governor-elect,  he  said,  with  pas- 
sionate emphasis :  "  I  have  been  honestly  elected  gov- 
ernor of  Kentucky.  .  .  .  Mr.  Taylor  says  in  an 
interview,  that  he  will  assume  the  office  and  maintain 
it.  All  that  I  have  to  say  is  that,  if  declared  elected,  I 
will  occupy  the  office." 

J.  Willard  Mitchell,  a  leading  Democratic  politician, 
who  was  recently  a  candidate  for  the  office  of  attor- 
ney-general, followed  Goebel  in  an  incendiary  speech. 

When  the  results  of  the  election  were  more  fully 
known  it  was  clear  that  the  Legislature  would  be 
strongly  Democratic,  but  that  Taylor  and  his  ticket  had 
won  on  the  face  of  the  returns  by  over  three  thousand 
votes.  This  was  a  signal  victory  for  the  Republicans 
when  the  fact  is  considered  that  Kentucky  is  a  Demo- 
cratic state ;  and  that  the  Republicans  were  handicapped 
by  the  notorious  Goebel  Election  Law,  which,  it  is  not 
difficult  to  understand,  placed  the  entire  election  ma- 
chinery of  the  whole  state  in  the  hands  of  the  Demo- 
crats. While  the  Republicans  were  congratulating 
themselves  upon  their  victory,  their  joy  was  mingled 
with  dread  and  doubt,  for  they  realized  that  this  elec- 
tion law  might  still  be  the  cause  of  ruin  and  con- 
fusion. Its  dangerous  possibilities  had  not  yet  been 
taxed  to  their  utmost.  It  had  latent  powers  that  might 
still  be  used  with  crushing  effect. 

These  fears  were  not  without  foundation,  for  the 
Democrats  soon  announced  that  both  state  and  coun- 
ty election  boards  had  the  right  to  pass  upon  the 


io8  MY  OWN  STORY 

legality  of  the  ballots,  even  before  a  contest  was 
instituted,  as  well  as  to  tabulate  the  returns  of  the 
election.  They  contended  further  that  in  several  coun- 
ties which  had  given  large  Republican  majorities,  the 
ballots  were  so  thin  as  to  be  transparent,  and  that 
the  voters  in  the  city  of  Louisville  had  been  intimidated 
on  election  day  by  the  presence  of  the  military  in  that 
city  and  that,  therefore,  none  of  the  votes  was  valid, 
but  on  the  contrary,  all  were  null  and  void,  and  should 
not  be  and  would  not  be  counted. 

The  Republicans,  on  the  other  hand,  maintained  that 
these  charges  were  hollow  subterfuges  and  the  emptiest 
of  pretenses,  resorted  to  by  desperate  and  defeated 
office-seekers  for  the  purpose  of  reversing  the  will  of 
the  people  as  expressed  at  the  polls.  They  pointed 
out  that  the  military  remained  in  the  armory  at  Louis- 
ville until  three  hours  after  the  polls  had  been  closed 
on  election  day,  that  no  one  raised  any  objection  to 
the  ballot  on  the  day  of  the  election,  and  that  "  thin  " 
ballots  were  confessedly  an  afterthought.  The  claim 
on  the  part  of  the  Democrats  that  the  election  boards 
had  the  power  to  throw  out,  when  acting  in  their  cler- 
ical capacity,  any  votes  they  might  desire  to  cancel  was 
bitterly  denounced  and  denied.  The  Republicans  and 
anti-Goebel  Democrats  loudly  censured  the  election 
law,  which  gave  being  to  the  state  board  of  elec- 
tion commissioners  and  clothed  that  body  with  supreme 
power,  but  gave  the  citizen,  who  knew  himself  to  be 
defrauded,  no  means  of  redress.  It  will  be  remem- 
bered that  the  election  law  declared  that  the  decision 
of  the  board  should  be  final  and  conclusive. 

Three  men  in  the  state,  according  to  this  provision, 
held  the  liberties  of  the  people  within  the  hollow  of 


ELECTION  DAY  IN  KENTUCKY  IN  1899    109 

their  hands.  They  had  the  power  to  declare  at  will 
that  the  defeated  had  been  elected  or  the  elected 
had  been  defeated;  and  this  law,  which  gave  the 
state  election  board  such  unbridled  authority  over  the 
rights  of  Kentuckians,  had  been  declared  constitu- 
tional by  the  Democratic  majority  of  the  court  of 
appeals.  What  relief,  then,  had  the  people?  They 
could  only  remonstrate;  and  this  they  proceeded  to  do 
vigorously.  Mass  meetings  were  called  and  strong  pleas 
were  made  that  the  county  and  state  election  boards 
heed  the  voice  of  the  voters  as  expressed  at  the  polls. 
Finally,  after  much  excitement,  further  delay  and  the 
institution  of  several  suits,  all  the  county  boards  were 
compelled  to  tabulate  the  returns  of  the  election  in  the 
various  counties,  and  certify  this  vote  to  the  secretary 
of  state.  These  certified  returns  from  all  the  coun- 
ties gave  the  entire  Republican  ticket  a  plurality  of 
all  the  votes  cast ;  but,  despite  this  fact,  it  was  repeat- 
edly and  freely  asserted  that  the  state  election  board 
would  ignore  enough  legitimate  Republican  votes  to 
give  the  Goebel  ticket  an  illegitimate  plurality,  and 
would  issue  to  it  certificates  of  election.  This  report 
brought  crowds  of  people  to  Frankfort,  many  coming 
from  the  mountains  of  Kentucky  to  be  present  when 
the  state  election  board  should  meet  to  tabulate  the 
election  returns. 

When  it  rendered  its  decision,  contrary  to  the  ex- 
pectation of  many,  two  of  its  members,  Messrs.  Pryor 
and  Ellis,  handed  down  a  majority  opinion  (Mr. 
Poyntz  dissenting)  in  favor  of  the  Republicans  and 
gave  the  certificate  of  election  to  Taylor  and  the  entire 
Republican  ticket.  They  had  tabulated  the  returns  of 
the  various  county  boards  without  change  or  amend- 


i  io  MY  OWN  STORY 

ment,  and  certified  to  the  result  as  they  had  found  it. 
As  can  be  easily  imagined,  this  was  a  severe  blow  and 
disappointment  to  Goebel  and  his  ticket,  for  the  elec- 
tion officers  throughout  the  state,  the  majority  of  the 
members  of  county  boards  and  all  the  members  of  the 
state  election  board,  were  men  of  their  own  selection. 
They  decided  that  more  votes  had  been  cast  for  Tay- 
lor and  his  ticket  than  for  Goebel  and  his ;  but  in  spite 
of  this  fact,  contests  for  the  various  offices  from  the 
governorship  down  were  soon  instituted  by  the  Dem- 
ocrats. Goebel  had  appealed  from  his  own  election 
boards  to  his  own  Legislature ;  and  plans  were  laid  to 
throw  out  fifty  thousand  Republican  votes,  or  more, 
alleging  military  intimidation,  thin  ballots  and  the  like. 
The  Republican  officers-elect,  however,  were  regularly 
inducted  into  office. 


CHAPTER  XVII 

THE  REPUBLICANS  STAND  FIRM 

Goebel  contests  decision  of  election  board  —  Democratic 
caucus  —  Evidence  of  Mr.  Harrel  —  Inauguration  of  Tay- 
lor—  Rules  of  Contest  Committee 

Soon  after  Judge  Pryor  and  Captain  Ellis  had  given 
the  certificate  of  election  to  the  Republicans,  they  re- 
signed their  positions  as  members  of  the  state  board 
of  election  commissioners.  Their  action  was  signifi- 
cant. It  is  said  they  did  not  feel  they  could  afford 
to  soil  their  records  by  disfranchising  their  fellow 
countrymen,  even  acting  in  their  judicial  capacity. 

Before  entering  upon  the  contest,  Mr.  Goebel  had 
the  Democratic  state  central  committee  called  in  ses- 
sion to  indorse  the  step.  The  determination  on  the 
part  of  Mr.  Goebel  to  take  his  contest  before  the  Leg- 
islature as  a  party  contest  was  a  shrewd  diplomatic 
move.  His  cause  by  this  action  and  by  the  in- 
dorsement of  the  state  central  committee  would  then 
become  the  party's  cause  —  his  success  or  failure  the 
success  or  failure  of  his  party.  When  the  contest 
became  a  party  measure  it  relieved  him  then  and  there 
of  much  responsibility,  and  gave  to  his  contest  at 
the  same  time  an  immense  amount  of  influence  and 
strength  of  which  it  would  otherwise  have  been  di- 
vested. He  proposed,  in  short,  to  place  the  party 
upon  the  firing  line,  and  force  it  to  bear  the  brunt. 

in 


112  MY  OWN  STORY 

A  few  days  after  the  resignation  of  his  colleagues, 
Mr.  Poyntz  filled  one  of  the  vacancies  on  the  election 
board  by  the  appointment  of  Judge  John  A.  Fulton, 
of  Nelson  County,  and  in  a  few  days,  Morton  K. 
Yonts,  of  Muhlenberg  County,  was  appointed  the 
third  member  of  the  commission.  Yonts  is  an  un- 
compromising Democrat.  Judge  Fulton,  prior  to  his 
appointment,  had  demonstrated  his  qualifications  and 
fitness  to  serve.  In  a  card  given  to  the  public,  re- 
ferring to  the  calling  out  of  the  militia  at  Louis- 
ville, he  said :  "  What  should  be  done  with  the  vote 
of  a  city  so  dominated  by  unlawful  force?  It  should 
unhesitatingly  be  rejected  as  a  tainted  thing."  After 
saying  publicly  that  the  vote  of  Louisville  should 
thus  be  disposed  of,  Judge  Fulton  was  certainly  well 
qualified,  as  far  as  partizanship  and  a  previously  ex- 
pressed opinion  could  qualify  him,  to  be  a  good  mem- 
ber of  this  Goebelized  state  board  of  election  com- 
missioners. With  such  members  on  the  board  as  Mr. 
Poyntz,  who  had  already  voted  against  giving  cer- 
tificates of  election  to  the  Republicans,  and  Judge 
Fulton,  who  had  expressed  his  opinion  so  frankly,  it 
may  be  readily  understood  that  the  prospects  of  the 
minor  state  officials  to  occupy  the  offices  to  which 
they  had  been  elected  were  by  no  means  flattering, 
whatever  might  be  the  majority  by  which  they  had 
been  voted  into  office.  But  since  the  contest  for  the 
office  of  governor  and  lieutenant-governor  had  to  be 
instituted  in  and  decided  by  the  general  assembly, 
Goebel  and  Beckham  were  not  so  sure  of  victory  as 
were  the  other  contestants,  whose  rights  to  the  offices 
were  to  be  determined  by  Poyntz,  Fulton  and  Yonts. 
As  a  matter  of  fact,  some  of  the  Democratic  members 


THE  REPUBLICANS  STAND  FIRM      113 

of  the  general  assembly  were  openly  declaring  that 
the  Republicans  had  been  legally  elected  and  were 
entitled  to  the  offices. 

A  Democratic  caucus  with  the  party  lash  well  ap- 
plied was,  therefore,  a  necessity,  and,  when  it  was 
held  on  the  night  of  January  first,  a  drama  was  ar- 
ranged which  its  managers  thought  would  be  suffi- 
ciently imposing  and  realistic  to  keep  within  the  fold 
all  faltering  or  weakening  Democrats.  It  had  its 
origin  in  the  rumor  that  the  Republicans  would  be 
sustained  in  their  fight,  if  not  installed  in  office,  by 
the  "  filthy  lucre "  furnished  by  the  Louisville  and 
Nashville  Railroad  Company. 

The  opening  scene  of  this  drama  was  sensational 
in  the  extreme.  The  curtain  arose  displaying  to  a 
large  and  eager  audience,  composed  of  many  senators 
and  representatives,  the  actors  in  the  first  scene.  Mr. 
Goebel  called  the  caucus  to  order,  whereupon  Senator 
S.  B.  Harrel,  of  Russellville,  Logan  County,  demanded 
recognition,  which  was  readily  granted.  He  then 
strode  forward,  clad  in  imaginary  toga  and  buskins 
and  dangling  portentously  two  small  keys.  In- 
teresting developments  had  been  promised;  the  audi- 
ence waited,  hushed  and  expectant.  The  hero  of 
the  evening  pierced  the  assembly  with  his  sharp  gaze 
and  continued  to  dangle  his  keys.  Figuratively,  the 
footlights  were  burning  blue  and  low,  and  the  music 
was  suitable  as  an  accompaniment  for  the  words  of  a 
dying  Hamlet.  In  such  an  atmosphere,  with  all  neces- 
sary accessories  at  hand,  in  one  grand  burst  of  pa- 
triotic ardor  and  self-congratulation  that  he  was  not 
like  other  men,  Mr.  Harrel  began  his  lines: 

"  I  wish  to  say  to  you  that  these  keys  unlock  a 


ii4  MY  OWN  STORY 

box  in  the  Louisville  Trust  Company's  vault,  where- 
from,  if  I  should  have  failed  at  this  hour  to  come 
to  this  caucus  and  by  my  absence  refused  to  rally  to 
the  support  of  my  party,  I  might  have  taken  four  one- 
thousand-dollar-bills  and  five  one-hundred-dollar-bills. 
But  there  is  not  enough  money  in  this  land  to  bribe, 
muzzle  or  intimidate  me." 

When  his  outburst  of  eloquence  had  been  sufficiently 
stripped  of  its  florid  language  and  melodramatic  dress 
to  permit  an  understanding  of  it  by  the  ordinary  mind, 
Mr.  Harrel  said  in  substance  that  John  Whallen  of 
Louisville,  a  strong  anti-Goebel  man  and  withal  one 
of  the  shrewdest  politicians  either  the  city  of  Louis- 
ville or  the  state  of  Kentucky  ever  produced,  had 
offered  him  forty-five  hundred  dollars  to  remain  out 
of  the  Democratic  caucus  and  vote  against  Senator 
Goebel  in  the  contest  for  the  governorship.  Mr. 
Whallen,  he  said,  had  approached  him  after  the  elec- 
tion with  this  proposition.  With  a  view  to  trapping 
Mr.  Whallen  and  the  opposition,  Mr.  Harrel  asserted, 
he  went  to  Louisville,  met  Mr.  Whallen,  agreed 
to  take  the  forty-five  hundred  dollars,  remain  out  of 
the  Democratic  caucus,  and  vote  against  Senator 
Goebel  in  the  contest  for  the  governorship.  Mr. 
Harrel  said  that  Mr.  Whallen  and  himself  held  keys 
to  the  deposit  box  wherein  the  money  had  been  placed. 
The  whole  sum  was  to  come  into  his  possession,  he 
said,  when  he  complied  with  his  part  of  the  contract. 

All  this  Mr.  Harrel  placed  before  his  audience  in 
the  most  dramatic  manner  and  the  most  impressive 
language.  Later  he  was  escorted  to  the  office  of  Squire 
George  B.  Thompson,  before  whom  he  swore  out  a 
warrant  against  Mr.  Whallen,  charging  him  with  an 


THE  REPUBLICANS  STAND  J1RM      115 

attempt  at  bribery.  In  a  short  time,  that  convenient 
body,  the  Franklin  County  grand  jury,  indicted  Mr. 
Whallen  and  a  Mr.  Ryan  on  the  information  supplied 
by  Mr.  Harrel.  However,  it  seemed  that  it  was  finally 
agreed  by  the  members  of  the  Democratic  general  as- 
sembly that  even  Judge  James  E.  Cantrill's  court,  with 
all  its  modern  conveniences,  could  not  do  full  justice  to 
an  anti-Goebel  Democrat  who  was  charged  with  at- 
tempting to  bribe  a  member  of  its  own  immaculate 
body.  It  proceeded,  therefore,  to  open  the  gates  of  the 
slaughter-house  for  Mr.  Whallen's  reception  by  offer- 
ing a  resolution  providing  for  his  trial  by  a  committee 
of  its  own  members.  After  these  stage-plays  had 
served  their  political  purpose,  the  attempt  to  prosecute 
Mr.  Whallen  and  Mr.  Ryan  was  abandoned.  But  the 
weak  ones  of  the  general  assembly  were  driven  into 
line  by  the  fear  of  their  future  political  prospects  if 
they  proved  recalcitrant,  while  the  honest  ones  feared 
that,  should  they  vote  for  Taylor  and  their  convictions, 
they  would  be  considered  dishonest. 

Taylor  and  Marshall,  however,  were  duly  inaugu- 
rated governor  and  lieutenant-governor  of  the  Com- 
monwealth on  the  twelfth  day  of  December,  each 
taking  the  oath  of  office  before  Judge  James  H.  Hazel- 
rigg,  a  Democrat,  then  chief  of  the  court  of  appeals. 
On  the  first  day  of  January,  the  minor  state  officers- 
elect  assumed  the  duties  of  the  offices  to  which  they 
had  been  elected.  I  was  still  holding  the  position  of 
superintendent  of  public  schools  of  Knox  County,  but 
resigned  that  office  (my  brother,  John  L.  Powers,  was 
appointed  to  fill  the  vacancy)  for  the  purpose  of  taking 
charge  of  the  office  of  secretary  of  state.  I  took  the 
oath  of  office  before  Henry  E.  Youtsey,  who  happened 


ii6  MY  OWN  STORY 

to  be  the  most  convenient  notary  public.  This  was  the 
first  time  I  had  ever  seen  Henry  E.  Youtsey,  whom  I 
shall  have  occasion  to  mention  later. 

Meanwhile,  the  faint  and  flickering  hope  of  the 
minor  state  officers-elect  was  being  slowly  extinguished, 
and  the  chances  of  holding  the  offices  of  governor  and 
lieutenant-governor  were  also  gradually  diminishing. 
The  Goebel  law  provided  that  all  election  contests  for 
the  office  of  governor  and  the  office  of  lieutenant- 
governor  should  each  be  tried  by  a  committee  of  three 
senators  and  eight  representatives.  The  committees 
were  to  be  drawn  by  lot  and  were  required  to  report 
their  decisions  to  the  Legislature  for  final  judgment. 
The  framers  of  the  Goebel  Law  had  been  afraid  to  refer 
any  contest  to  the  decision  of  any  committee  drawn 
by  lot;  so,  as  a  further  safeguard  against  uncertainty, 
they  declared  that  the  decision,  in  any  contested  elec- 
tion case,  should  be  subject  to  the  approval  of  the  Leg- 
islature before  becoming  final. 

On  the  third  of  January,  the  drawing  of  the  names 
of  three  senators  and  eight  representatives  to  compose 
a  committee  to  try  the  contest  for  governor  was  held. 
No  sleight-of-hand  performance  ever  equaled  it.  No 
one  was  permitted  to  supervise  the  drawings;  the 
speaker  ruled  out  of  order  a  motion  to  that  end.  The 
result  was  that  of  the  eleven  members  chosen  to  try  the 
contest,  eight  from  the  House  and  two  from  the  Senate 
were  Goebel  Democrats.  The  committee  drawn  to  de- 
cide the  contest  for  lieutenant-governor  consisted  of 
nine  Goebel  Democrats  and  two  Republicans. 

The  result  obtained  was  most  remarkable,  especially 
when  the  relative  strength  of  the  two  parties  is  con- 
sidered. Including  the  two  Populists  and  the  four 


THE  REPUBLICANS  STAND  FIRM      117 

anti-Goebel  members,  who  voted  with  the  Republicans, 
the  Senate  stood  twenty  Democrats  to  eighteen  Re- 
publicans, while  the  House  stood  forty-two  straight 
Republicans  to  fifty-eight  Democrats,  three  of  whom 
were  said  to  be  anti-Goebel  in  tendencies.  A  mathe- 
matical calculation  shows  that  the  drawing  of  eigh- 
teen Goebel  Democrats  to  only  three  Republicans  from 
the  general  assembly,  constituted  as  it  was  politically, 
could  occur  only  once  in  three  hundred  and  fifty  thou- 
sand times  if  conducted  with  fairness.  The  committees 
were  well  ifj^not  fairly  selected.  Their  members  soon 
provided  a  set  of  rules  governing  the  hearing  of  the 
contest  cases,  to  which  even  the  most  violent  partizan 
could  not  object;  and,  under  these  regulations,  forth- 
with they  began  the  weighty  work  in  hand,  no  doubt 
with  a  firm  determination  to  give  it  their  earnest, 
honest,  and  prayerful  consideration.  Each  committee- 
man  must  have  remembered  the  oft-repeated  epigram 
that  "  brevity  is  the  soul  of  wit,"  and  the  old  saw,  as 
well,  that  "  time  is  precious,"  for  they  adopted  further 
rules  of  their  own  at  the  beginning  of  their  deliber- 
ations, which  provided  for  the  holding  of  a  joint  trial 
of  the  contest  for  governor  and  lieutenant-governor. 


CHAPTER  XWII 

THE  SHOOTING  OF   WILLIAM   GOEBEL 

Effort  of  Taylor's  attorneys  to  remove  Democratic  members 
of  contest  committees  —  Suit  to  enjoin  Taylor  appointees 
from  taking  oath  of  office  —  Republicans  seek  to  arouse 
the  people  —  I  bring  the  mountain  people  to  Frankfort  — 
Meeting  on  the  steps  of  the  Capitol  —  I  go  to  Louisville 
for  more  petitioners  —  Goebel  is  shot  —  The  excitement 
at  Frankfort  —  The  military  is  called  out 

The  first  step  taken  by  the  attorneys  for  Taylor  and 
Marshall  was  a  motion  to  remove  the  Democratic 
members  of  the  two  contest  committees  because  of 
their  extreme  partizanship.  The  members  of  the 
contest  committees  treated  the  motion  with  contempt, 
and  forthwith  overruled  it.  The  affidavits  filed  in 
support  of  the  motion  were  likewise  contemptuously 
ignored,  while  other  affidavits  of  the  contestees,  ask- 
ing that  the  committees  retire  because  they  had  been 
fraudulently  drawn,  met  with  a  similar  fate.  The  affi- 
davits exposed  the  shortcomings  of  the  members  of  the 
committees  individually.  They  charged  five  members  ' 
with  having  attended  the  conference  of  Democrats  that 
was  held  at  the  Capital  Hotel,  on  December  fourteenth, 
urging  Senator  Goebel  to  contest  the  election.  They 
stated  that  another  member  of  one  of  the  committees 
had  laid  a  wager  on  the  result  of  the  Goebel-Taylor 
election.  They  showed  that  the  seat  of  one  member 

118 


THE  SHOOTING  OF  WILLIAM  GOEBEL     119 

was  being  contested  upon  the  same  grounds,  and  gave 
facts  that  the  contestees  would  present  as  their  defense 
in  the  contest  suit. 

The  committees  held  that  there  was  no  provision  of 
the  election  law  which  required  them  to  vacate  their 
position  on  the  grounds  alleged,  or  on  any  grounds  that 
could  be  alleged;  and  that  they  proposed  to  try  the 
cases.  And  as  proof  of  their  determination,  they  pro- 
ceeded with  the  hearing  of  the  evidence. 

The  proceedings  that  followed  were  nothing  short 
of  mere  mockeries.  The  well-established  modes  of 
taking  testimony  were  disregarded ;  and  the  laws  gov- 
erning judicial  tribunals  in  the  hearing  of  cases  were 
contemptuously  ignored.  The  Republicans  were  per- 
mitted to  introduce  only  a  very  small  number  of  their 
witnesses,  although  others  were  present  and  ready  to 
testify. 

While  these  things  were  occurring  in  the  contests 
for  the  offices  of  governor  and  lieutenant-governor, 
matters  of  much  moment  were  taking  place  concern- 
ing the  contests  for  the  lower  state  offices.  When 
Captain  W.  T.  Ellis  and  Judge  W.  S.  Pryor  resigned 
from  the  state  election  board,  Governor  Taylor,  main- 
taining he  had  the  power  as  governor  to  do  it,  ap- 
pointed Judges  A.  M.  J.  Cochran  and  W.  H.  McCoy 
to  fill  the  vacancies. 

The  Poyntz  board  brought  suit  early  in  January, 
before  Judge  Cantrill's  court  at  Frankfort,  to  enjoin 
these  Taylor  appointees  from  taking  the  oath  of  office, 
or  exercising  their  duties  as  members  of  the  state 
election  board.  Judge  Cantrill  granted  the  injunction 
of  the  Poyntz  board  against  the  Taylor  appointees,  and 
immediately,  and  upon  his  own  motion,  dissolved  the 


120  MY  OWN  STORY 

injunction.  This  was  a  very  remarkable  feat  for  a 
judge  to  perform. 

If  he  had  not  dissolved  the  injunction  which  he  had 
granted,  the  Republicans  would  have  had,  under  the 
laws  of  Kentucky,  the  right,  on  appeal,  to  select 
the  judge  of  the  court  of  appeals  before  whom  the 
case  would  be  tried,  and  there  were  three  Republi- 
can judges  on  the  appellate  bench  at  that  time.  By 
dissolving  the  injunction,  Judge  Cantrill  gave  the 
Poyntz  board  the  right,  on  appeal,  to  name  the  mem- 
ber of  the  appellate  court  before  whom  its  case  would 
be  tried,  and  it  named  Chief  Justice  James  H.  Hazel- 
rigg,  who  called  in  the  full  court  to  hear  the  case. 

The  four  Democratic  judges  of  the  court  of  appeals 
(the  three  Republican  judges  dissenting)  decided  that 
the  contest  board,  composed  of  Messrs.  Poyntz,  Fulton 
and  Yonts,  was  the  legally  constituted  one. 

Things  now  looked  far  from  encouraging  for  the 
minor  state  officers,  since  this  board  had  been  de- 
clared valid  by  the  highest  court  in  the  state,  and  since 
one  of  its  members  had  already  decided  against  the 
Republicans,  and  another  had  declared  his  intention 
to  do  so.  It  will  be  remembered  that  the  decision 
of  the  board  in  the  matter  was  to  be  final  and  con- 
clusive, according  to  the  provisions  of  the  Goebel  law. 

Having  little  or  no  hope  of  justice  from  the  con- 
test board,  and  still  less  in  the  decisions  of  the 
Legislature  and  its  contest  committees,  the  Republican 
leaders  sought  to  arouse  the  people  of  the  state  to  the 
enormity  of  the  wrongs  about  to  be  perpetrated.  It 
was  thought  by  some  that  a  thorough  expose  of  the 
unlawful  proceedings  of  the  Democrats  through  the 
press,  "the  policemen  of  the  nineteenth  century," 


THE  SHOOTING  OF  WILLIAM  GOEBEL     121 

would  do  much  to  call  a  halt  to  their  mad  race  for 
office.  By  others,  of  whom  I  was  one,  it  was  thought 
that  mass  meetings  of  the  citizens  of  the  state, 
at  which  strong  resolutions  could  be  passed  and 
protests  could  be  registered  against  the  contemplated 
action  of  a  few  Democratic  office-seekers  and  poli- 
ticians, would  assist,  at  least,  in  showing  the  wide- 
spread indignation  and  disapproval  on  the  part  of  the 
people.  Others  thought  that  the  gathering  at  Frank- 
fort of  the  leading  Republicans  from  all  parts  of  the 
state  would  have  a  good  effect  on  the  contests.  Others, 
again,  thought  that  an  openly  stated  purpose  and  a 
bold  determination  on  the  part  of  the  Republicans  to 
resist  any  unlawful  attempt  to  eject  them  from  their 
offices  would  help  the  cause;  while  not  a  few  thought 
that,  if  large  bodies  of  people  from  over  the  state  could 
be  brought  to  Frankfort  to  petition-those  in  power,  and 
remonstrate  against  their  trampling  under  foot  the 
most  sacred  rights  of  Kentucky  freemen,  the  effect 
might  be  beneficial.  The  last  course  was  adopted  and 
I  was  assigned  the  duty  of  bringing  some  two  thousand 
of  the  petitioners  from  the  mountains  of  Kentucky. 
Others  were  assigned  to  other  sections  of  the  state. 
While  these  preparations  were  in  progress  the  con- 
stitutional right  to  hold  such  a  mass-meeting  and  to 
bear  arms  openly  was  not  questioned.  The  Goebel  side 
was  heavily  armed.  Even  members  of  the  General 
Assembly  almost  staggered  under  the  weight  of 
weapons. 

When  the  mountain  people,  about  twelve  hundred 
strong,  reached  Frankfort,  they  discovered  that  people 
from  other  sections  of  the  state  had  failed  to  come,  as 
contemplated.  The  Republican  leaders,  while  I  was 


122  MY  OWN  STORY 

absent  on  my  mission,  had  decided  not  to  hold  the 
mass-meeting,  but  the  decision  came  too  late  for  me  to 
be  notified  of  the  change  in  plans,  since  I  was  in  an  in- 
accessible section  of  the  state. 

About  eleven  o'clock  on  the  morning  of  their  arrival 
the  mountain  people  held  a  meeting  on  the  State  Cap- 
itol steps,  adopted  resolutions  to  present  to  the  Legis- 
lature, and,  having  accomplished  the  mission  for  which 
they  came,  the  majority  returned  to  their  homes  on 
the  afternoon  of  that  same  day. 

The  Goebel  followers  and  Goebel  press  ascribed 
every  dishonorable  motive  imaginable  to  the  coming  of 
the  mountaineers  to  Frankfort.  They  called  the 
crowd  a  "  mountain  army,"  that  sought  to  settle  a  legal 
dispute  by  the  use  of  the  rifle;  in  short,  my  good 
intentions  were  misrepresented,  while  I  myself  was  tra- 
duced and  vilified.  Many  people  believed  then,  and 
still  believe,  that  mountaineers  are  born  with  bowie 
knives  in  their  brains.  But  never  before  were  the 
strained  feelings  that  have  long  existed  between  the 
highlanders  and  lowlanders  of  the  state,  and  the  preju- 
dices against  the  "  mountaineers,"  as  they  are  common- 
ly called  by  their  lowland  brethren,  so  deftly  played 
upon.  Some  persons  found  no  epithets  too  vile  to 
apply  to  the  mountain  people,  nothing  too  low  and 
despicable  with  which  to  compare  them. 

While  these  things  were  going  on  the  proceedings 
in  the  contests  for  governor  and  lieutenant-governor 
were  nearing  an  end,  and  it  was  practically  certain 
that  these  contests  would  come  up  for  a  final  vote 
the  last  of  the  week  beginning  January  twenty-ninth. 
Between  the  hours  of  four  and  five  o'clock  on  that 
day,  Walter  R.  Day,  the  state  treasurer,  came  to  my 


THE  SHOOTING  OF  WILLIAM  GOEBEL     123 

office,  and  we  had  a  talk  regarding  the  bringing  to 
Frankfort  of  another  crowd  of  men,  mostly  from 
western  Kentucky,  to  petition  the  Legislature ;  and  on 
the  morning  of  Tuesday,  the  thirtieth,  it  was  decided 
that  such  a  crowd  of  petitioners  should  be  brought  to 
petition  the  Legislature  before  it  took  a  final  vote  on 
these  contests.  In  company  with  Mr.  Day,  George  W. 
Long,  ex-state  treasurer,  J.  L.  Butler,  F.  Wharton 
Golden,  and  my  brother,  John  L.  Powers,  I  made  a 
trip  to  Louisville  for  this  purpose. 

As  we  were  nearing  Lagrange,  a  station  on  the 
Louisville  and  Nashville  Railroad  a  few  miles  from 
the  city  of  Louisville,  news  of  the  assassination  of 
Senator  Goebel  flashed  over  the  wires,  and  the  story  of 
an  awful  tragedy  was  told  to  a  shocked  and  horrified 
people. 

Even  those  most  violently  opposed  to  Mr.  Goebel  — 
those  who  had  fought  him  with  relentless  determi- 
nation —  stood  with  bowed  heads,  their  consciences 
revolting  at  the  cowardly  crime  committed  against 
him,  against  society,  and  against  the  peace  and  dignity 
of  the  state. 

I  had  fought  Goebel  with  the  energy  of  my  whole 
soul.  He  had  led  the  movement  to  deprive  me  of  the 
office  to  which  I  had  been  fairly  and  legally  elected; 
but,  when  I  heard  that  he  had  been  killed  in  the  State 
House  yard,  by  an  unknown  marksman,  from  the 
second  or  third  story  of  the  Executive  Building,  I  knew 
that  every  hope  that  had  animated  me,  encouraged  me 
in  my  fight  for  my  rights,  was  blasted  by  the  assassin's 
bullet.  I  said  at  the  time :  "  It  is  a  shame  and  an  out- 
rage, and  has  ruined  our  chances  for  winning  the 
contests."  Every  drop  of  blood  in  my  body  rebelled  at 


124  MY  OWN  STORY 

the  awful  crime.  An  outbreak  of  some  kind  at  Frank- 
fort had  been  feared  by  the  people  of  the  whole  state, 
but  no  one  dreamed  of  assassination. 

As  far  as  the  public  knew,  there  were  no  eye-wit- 
nesses to  the  killing,  and  different  theories  were  soon 
advanced  as  to  the  manner  of  Senator  Goebel's  taking- 
off.  "  Who  fired  the  shot  that  killed  Goebel  ?  "  was  the 
inquiry  of  thousands  on  the  day  of  the  tragedy. 

Over  five  years  have  passed  away.  In  that  time 
men  have  been  indicted  and  convicted  for  alleged  com- 
plicity in  Goebel's  murder,  two  men  have  been  sen- 
tenced to  be  hanged  for  alleged  complicity  in  the  crime 
and  another  is  serving  a  life-sentence  in  the  peniten- 
tiary of  Kentucky  for  the  commission  of  the  deed, 
while  six  others  are  out  on  bond  awaiting  trial.  Twen- 
ty in  all  have  been  formally  accused  of  complicity  in 
the  deed;  hundreds  have  been  informally  accused. 
But  Time,  the  unraveler  of  all  mysteries,  has  been 
baffled  thus  far  in  bringing  to  light  the  guilty.  The 
murderer  has  kept  the  secret  of  his  guilt  buried 
in  his  own  heart.  The  twigs  of  the  trees  on  Capitol 
Square  have  thus  far  whispered  the  dark  story  among 
themselves,  and  it  has  gone  no  farther.  Yet  the  deed 
was  committed  on  the  Capitol  Square  of  the  state,  in 
the  center  of  the  city  of  Frankfort,  when  the  noonday 
sun  was  high  in  the  heavens,  and  where  interested 
citizens  were  gathered  from  nearly  every  town  and 
county  in  the  Commonwealth. 

Soon  after  the  shot  was  fired,  excited  men  crowded 
the  streets,  swearing  vengeance  against  Goebel's 
assassin  — "  Blow  up  the  State  house !  "  they  cried, — 
while  guards  from  the  penitentiary  and  men  from 
the  local  engine-houses  rushed  upon  the  scene,  some 


Mob  in  streets  after  the  shooting 


Soldiers  guarding  Capital  Hotel 
fro 


m  legislature 

Under  the  governor's  windows 
The  Capital  Hotel,  Frankfort,  Kentucky 


Soldiers  guarding  Capital  Theater 
from  legislature 


SCENES   IN   FRANKFORT 


THE  SHOOTING  OF  WILLIAM  GOEBEL     125 

with  guns  in  their  hands.  It  was  the  opinion  of  the 
Republicans  that  an  effort  would  be  made  to  mob 
the  inmates  of  the  Executive  Building;  so  the  local 
military  company,  which  had  been  quartered  at  the 
arsenal  since  the  November  election,  was  immediately 
brought  to  the  State  House  Square,  where  it  was 
stationed  on  guard.  The  entire  military  force  of  the 
state  was  called  out  that  day,  and  came  pouring  into 
Frankfort  that  afternoon  and  night.  A  short  time 
after  the  military  had  taken  charge  of  Capitol  Square, 
no  one  was  permitted  to  enter  the  grounds  without  a 
pass  from  the  officer  in  charge. 

Threats  were  made  against  all  State  officials,  but 
particularly  against  the  life  of  Taylor.  For  days,  it 
is  said,  desperate  men  lay  in  wait  for  him ;  and  the  air 
was  surcharged  with  gossip  that,  as  soon  as  he  again 
appeared  upon  the  streets,  his  life  would  be  taken, 
as  the  life  of  Goebel  had  been  taken.  The  city  was 
filled  with  armed  Goebel  partizans.  Mob  violence  was 
imminent.  The  situation  was  balanced  on  the  ragged 
edge  of  civil  war.  Frankfort  was  a  veritable  powder- 
house,  liable  to  explode  at  any  moment.  From  time  to 
time,  for  several  days,  excited  persons  would  rush  on 
the  State  House  Square  to  bring  the  news  that  a  mob 
was  forming,  or  preparing  to  form,  and  that  it  intended 
to  kill  all  the  Republican  officials  and  take  possession 
of  the  offices.  Thus  the  anxious  days,  pregnant  with 
danger,  passed  away. 


CHAPTER  XIX 

MAKING   POLITICAL   CAPITAL 

Demand  for  revenge  —  Governor  Taylor  convenes  the  Legis- 
lature at  London  —  Democrats  declare  Goebel  and  Beck- 
ham  elected  and  later  falsify  the  records  of  the  general 
assembly  —  A  proclamation  —  Senator  Goebel's  death  is 
announced,  and  Beckham  takes  the  oath  of  office  as  gov- 
ernor 

The  indignation  which  followed  the  killing  of  Mr. 
Goebel  swept  over  the  state  like  a  wild  storm.  Revenge 
filled  the  hearts  of  his  followers;  they  were  ready  to 
go  to  almost  any  length  in  retaliation.  The  Demo- 
cratic leaders  took  advantage  of  the  popular 
sentiment  that,  if  Senator  Goebel  was  killed  by  a  Re- 
publican, the  entire  Republican  party  should  be  held 
responsible,  and  that  it  was,  by  its  guilt,  unfit  to  be  in- 
trusted with  the  affairs  of  the  state.  They  accordingly 
made  an  early  and  urgent  appeal  to  the  contest  com- 
mittees and  contest  boards  to  take  speedy  action.  The 
contest  committees  held  a  hurried  meeting.  The  Goe- 
bel majority  adopted  a  report  unseating  Taylor  and 
Marshall,  and  seating  Goebel  and  Beckham. 

The  members  of  the  committees  were  dumb,  how- 
ever, as  to  the  grounds  for  the  action,  and  equally 
silent  as  to  what  Republican  votes  had  been  rejected, 
or  the  reasons  therefor.  They  had  decided  and  that 
was  all-sufficient.  The  Republicans  fully  realized 

126 


MAKING  POLITICAL  CAPITAL         127 

that,  if  the  general  assembly  was  permitted  to  meet 
on  the  next  day,  or  indeed,  at  any  time,  while  the  ex- 
citement was  at  so  high  a  pitch,  it  would  unseat  Gov- 
ernor Taylor  and  Lieutenant-governor  Marshall.  It 
was  decided,  therefore,  to  delay,  if  possible,  the  action 
of  the  Legislature,  prevent  it  from  seating  Goebel  and 
Beckham,  and  also  avert  the  probability  of  trouble  by 
having  it  assemble  elsewhere.  So  Taylor  adjourned 
it  to  meet  at  London,  Kentucky,  February  sixth. 

The  next  morning,  however,  the  Democratic  mem- 
bers of  the  general  assembly,  on  their  way  to  the  legis- 
lative halls,  marched  through  the  State  House  grounds, 
between  a  line  of  state  troops,  only  to  be  halted  on  the 
second  floor,  at  the  head  of  the  stairs,  by  two  soldiers 
with  crossed  bayonets.  South  Trimble,  chairman  of 
the  joint  session,  then  and  there  adjourned  the  general 
assembly  to  meet  immediately  at  the  City  Hall,  but  the 
Taylor  soldiers  again  prevented  a  meeting  and,  later, 
Chairman  Trimble  a  second  time  adjourned  the  gen- 
eral assembly  to  meet  subject  to  his  call. 

That  night  the  Goebel  leaders  and  the  Goebel  mem- 
bers of  the  general  assembly  issued  a  statement  to 
the  public  in  which  they  said  there  was  no  danger 
in  Frankfort,  except  that  arising  from  the  presence 
of  "  hordes  of  armed  mountain  Republicans,"  whose 
presence  in  Frankfort  was  the  "  logical  and  inevitable  " 
result,  if  not  "the  contemplated  culmination,"  of  the 
assassination  of  Senator  Goebel,  and  that  Taylor  had 
called  out  the  military  "without  cause."  On  that 
same  night,  at  the  Capital  Hotel,  they  declared  Goebel 
and  Beckham  elected.  It  has  since  been  established 
by  proof,  however,  that  there  never  was  a  meeting  of 
either  house  of  the  general  assembly,  joint  or  separate, 


128  MY  OWN  STORY 

on  that  night,  but  that  Senator  Goebel  was  declared 
governor  by  passing  around  a  paper  to  such  members 
as  could  be  found  to  sign  it;  and  that  most  of  those 
who  did  sign  this  paper,  did  so  in  Judge  Pryor's  room 
in  small  groups,  and  immediately  withdrew.  This 
paper  announced  that  by  the  decision  of  the  general 
assembly,  in  separate  and  joint  session,  William  Goebel 
was  governor  of  Kentucky.  The  journals  of  the 
House  and  Senate  were  "  fixed  "  and  made  to  state  that 
Goebel  and  Beckham  had  been  declared  legally  elected 
governor  and  lieutenant-governor  of  the  state  by  a 
majority  of  the  House  and  Senate,  in  separate  and 
joint  sessions  in  the  "  legislative  halls." 

As  it  was  an  established  fact  that  the  Goebel  Legis- 
lature held  neither  joint  nor  separate  session  in  the 
legislative  halls,  the  Republicans  were  safe  in  declar- 
ing that  the  journals  of  the  two  houses  had  been  made 
to  speak  and  record  an  untruth.  The  Goebel  partizans 
hoped  that  the  statements  in  these  journals  would  be 
declared  beyond  the  power  of  the  courts  to  question, 
which  eventually  proved  to  be  true,  thus  giving  the 
Democrats  the  offices  without  further  controversy. 

The  proclamation  declared  further  that  no  violence 
had  been  committed  or  attempted  in  the  city  of  Frank- 
fort, except  that  which  had  "  resulted  from,  and  been 
the  act  of,  the  bands  of  lawless  men  which  Taylor  had 
brought  to  the  capital,  and  quartered  in  the  Capitol  and 
executive  offices,  from  the  windows  of  zvhich  last- 
named  building,  on  January  thirtieth,  /poo,  an  assas- 
sin fired,  and  mortally  wounded  William  Goebel." 
They  said  further  that  Taylor  had  filled  "  the  capital 
of  the  state  with  reckless  armed  men,  who  had  assassin- 
ated an  honorable  member  of  the  general  assembly" 


MAKING  POLITICAL  CAPITAL        129 

So,  on  the  day  following  the  killing  of  Senator  Goebel, 
the  Democratic  politicians,  for  their  own  political  pur- 
pose, formulated  these  accusations  against  the  Republi- 
cans, and,  upon  these  identical  charges,  the  Republi- 
cans have  been  called  to  answer  in  the  criminal  courts 
of  Kentucky.  They  charged  that  Senator  Goebel  was 
assassinated  by  a  member  or  members  of  a  Republi- 
can conspiracy;  that  the  bringing  to  Frankfort  of  the 
mountain  people  formed  a  part  of  the  conspiracy ;  that 
some  unknown  mountaineer  fired  from  a  window  in 
the  Executive  Building  the  shot  that  killed  Goebel; 
and  that  the  militia  was  called  out  "  without  cause," 
which  was  easily  converted  into  "  for  the  purpose  of 
protecting  the  assassin  and  those  implicated."  Thus, 
from  the  brains  of  Democratic  politicians,  and  out  of 
political  necessities,  arose  the  criminal  prosecutions 
which  have  disgraced  the  name  of  Kentucky,  and  to 
which  I  shall  call  attention  later. 

At  six-forty  o'clock  on  the  evening  of  February 
third,  1900,  it  is  said,  William  Goebel  passed  away 
without  apparent  pain.  At  seven  o'clock,  J.  C.  W. 
Beckham  took  the  oath  of  office  as  governor,  having 
been  sworn  in  as  acting  governor  about  noon. 


CHAPTER  XXS 

AN  APPEAL  TO  THE   COURTS 

Sorrow  over  the  death  of  Senator  Goebel  —  Governor  Taylor 
rejects  the  Louisville  "Peace  Agreement"  —  General 
assembly  reconvenes  at  Frankfort  —  Two  legislative  bodies 
and  two  sets  of  state  officials 

The  announcement  of  Mr.  Goebel's  death  under  any 
circumstances  and  at  any  time  would  have  been  cause 
for  deep  and  widespread  grief  among  his  many  friends. 
That  the  light  of  his  life  went  out  at  such  a  time  and' 
in  such  a  manner  caused  many  hearts  deep  sorrow  and 
called  forth  from  many  pens  eulogiums  of  the  de- 
ceased leader.  A  lasting  disgrace  had  come  to  the 
state.  And  while  the  Democratic  headquarters  at 
Frankfort  particularly  were  shrouded  in  gloom,  despair 
hung  over  the  Republican  camp  as  well.  There  may 
have  been  Republican  leaders  at  Frankfort  who  did  not 
regret  that  William  Goebel  was  assassinated;  but  so 
far  as  I  know,  all  deplored  it.  Some  were  incensed 
because  of  the  cowardly  act;  others  foresaw  the  irre- 
trievable injury  done  the  Republicans  in  the  pending 
contest.  While  the  people  did  not  know  who  was 
responsible  for  Mr.  Goebel's  death,  they  did  know  that 
he  had  been  assassinated  on  the  State  House  Square; 
and  that  the  state  buildings  were  in  the  possession  of 
the  Republicans. 

From  this,  many  reasoned  that  the  Republicans  did 
.  130 


AN  APPEAL  TO  THE  COURTS         131 

the  deed;  and  that  possibly  many  were  implicated  in 
it  by  reason  of  the  circumstances  surrounding  the 
assassination.  But,  deeply  as  the  Republican  leaders 
deplored  the  tragic  end  of  Mr.  Goebel,  they  certainly 
felt  in  no  way,  as  far  as  I  know,  responsible  for  his 
death.  He  had  been  fairly  and  honestly  defeated  at 
the  polls,  and  was  attempting  to  have  himself  de- 
clared governor  of  the  state.  It  became  the  individual 
duty  of  every  lover  of  liberty  within  the  confines  of 
the  Commonwealth  to  oppose,  with  all  his  might,  along 
legitimate  lines,  the  efforts  of  Goebel  and  others  in  their 
work  of  trying  to  have  themselves  declared  elected 
after  they  had  been  defeated.  President  Roosevelt, 
then  governor  of  New  York,  took  the  view  that  it  was 
not  only  the  right,  but  the  duty,  of  Republicans  to 
hold  the  offices  to  which  they  had  been  elected.  On 
February  third,  in  commenting  upon  the  Kentucky 
situation,  Mr.  Roosevelt  said :  "  Mr.  Taylor  is  gover- 
nor by  every  principle  of  law  and  equity;  and  he  and 
his  followers,  of  course,  should  resist  to  the  last  ex- 
tremity the  reckless  and  unscrupulous  conspirators  who 
are  endeavoring  to  do  by  violence  after  election  what 
they  failed  to  accomplish  by  the  most  scandalous  frauds 
prior  to  and  during  election.  The  sole  and  individual 
responsibility  of  all  bloodshed,  past  and  to  come,  lies 
with  the  same  conspirators,  and  with  all  that  in  any  way 
abet  them." 

Monday,  February  fiftH,  found  the  Republican  sen- 
ators and  representatives  in  London ;  while  a  number 
of  the  Democratic  senators  and  representatives  were 
in  Louisville,  with  the  intention  of  holding  the  real 
session  of  the  Legislature  in  that  place.  Many  of  the 
leaders  of  both  parties  were  also  in  Louisville,  at  the 


132  MY  OWN  STORY 

Gait  House,  in  pursuance  of  a  previous  understanding, 
trying  to  come  to  some  agreement  by  which  the  inten- 
sity of  the  situation  might  be  relieved  and  civil 
strife  averted.  An  agreement  was  finally  reached, 
known  as  the  "  peace  agreement."  The  principal 
stipulation  of  the  agreement  was  that  the  Republicans 
should  be  allowed  the  privilege  of  surrendering  their 
offices,  and  get  in  return  the  promise  of  a  fair  election 
law.  Taylor,  after  much  hesitation,  refused  to  sign 
the  "  peace  agreement ;"  instead,  he  issued  an  order  re- 
convening the  Legislature  at  Frankfort. 

When  Monday,  February  nineteenth,  came,  it  found 
the  members  of  the  two  factions  of  the  general  assem- 
bly in  their  accustomed  places.  The  feeling  existing 
among  them,  however,  was  far  from  friendly.  Lieu- 
tenant-governor Marshall  and  Senator  L.  H.  Carter, 
the  Democratic  presiding  officer  of  the  Senate,  were 
both  present  —  and  both  claiming  the  right  to  preside 
over  the  Senate  —  both  asserting  that  they  intended  to 
do  so.  When  these  two  gentlemen  met,  they  shook 
hands  ostentatiously,  each  with  the  air  of,  "  I  am  on 
hand  and  ready  to  preside."  Each  kept  a  watchful 
eye  on  the  other ;  and  when  the  moment  came  for  con- 
vening the  Senate,  both  began  rapping  for  order  simul- 
taneously. It  was  not  surprising  that  two  succeeded 
in  obtaining  that  for  which,  upon  former  occasions, 
one  had  been  amply  sufficient.  The  much-needed 
prayer  was  then  offered ;  and  the  dual  session  of  the 
Senate  was  begun. 

Each  presiding  officer  was  recognized  by  members 
of  his  own  party  only;  while  the  independent  Demo- 
crats looked  on  tranquilly,  at  the  prosperous  (  ?)  and 
thriving  ( ?)  condition  of  the  Senate.  Mr.  Marshall 


AN  APPEAL  TO  THE  COURTS         133 

ordered  the  journal  to  be  read.  Mr.  Carter  instantly 
called  for  motions,  petitions  and  resolutions.  Each 
felt  that  he  must  keep  in  constant  action  in  order  to 
proclaim  his  authority.  The  clerk  of  the  Senate  was 
Democratic,  so  he  began  reading  the  proceedings  of  the 
Democrats  at  Louisville.  To  relieve  the  tension  of  the 
situation,  a  Republican  senator  made  a  motion  to  ad- 
journ. Mr.  Marshall  put  it;  declared  it  carried;  and 
formally  adjourned  the  Senate,  after  making  a  request 
of  the  clerk  to  record  him  as  its  presiding  officer.  The 
Republicans  then  retired.  The  Democrats  continued 
without  adjournment  and  this  line  of  conduct  was 
adhered  to  throughout  the  entire  session  of  the  Senate. 
After  the  Republicans  had  retired  on  the  first  day  of 
the  double  assembly,  the  Democrats  reaffirmed,  re- 
enacted  and  ratified  the  action  of  the  meeting  of  the 
Democratic  members  held  in  the  Capital  Hotel,  de- 
claring Goebel  governor  and  Beckham  lieutenant-gov- 
ernor. 

Just  as  there  were  two  Legislatures  attempting  to 
serve  in  the  capacity  of  the  regularly  elected  lawmak- 
ing  assembly  of  the  state,  there  were  two  chief  execu- 
tives seeking  to  control  the  gubernatorial  affairs 
of  strife-ridden  Kentucky.  Taylor  was  still  perform- 
ing the  duties  of  the  office  of  governor  in  the  Executive 
Building,  while  Beckham  was  attempting  to  perform  a 
similar  service  in  a  room  at  the  Capital  Hotel  in  Frank- 
fort. Taylor  and  his  advisers  took  the  position  that  the 
decision  reached  by  certain  members  of  the  Legislature, 
at  the  Capital  Hotel,  depriving  him  of  the  governor- 
ship, was  null  and  void. 

There  was,  however,  a  grave  contingency  which 
might  arise.  Suppose  the  Democrats  should  institute 


134  MY  OWN  STORY 

suit  in  Judge  Cantrill's  court,  claiming  that  they  had 
been  adjudged  the  offices  by  the  proper  legal  tribunal, 
and  that  the  Republicans  refused  to  vacate  them  ?  The 
Republicans  would  then  be  between  Scylla  and  Cha- 
rybdis.  They  would  either  be  obliged  to  obey  the  man- 
date of  the  circuit  court,  or  carry  their  case  to  the 
court  of  appeals,  the  majority  of  which  was  Demo- 
cratic. Before  either  side  knew  what  was  being  done 
by  the  other,  conjectures  were  made  without  number. 
Each  opponent  prepared  to  enjoin  the  other  before  it 
might  itself  be  enjoined.  The  Goebel  adherents  made 
hasty  preparations  to  file  their  suit  in  the  Franklin 
circuit  court,  where  they  had  applied  for  and  obtained 
relief  upon  former  occasions.  This  court  was  their 
favorite  resort,  when  the  action  of  any  court  was  needed 
to  further  their  ends.  Taylor  filed  his  suit  in  the  Jef- 
ferson circuit  court.  In  two  hours  after  Taylor  had 
entered  suit  at  Louisville,  Beckham  had  filed  a  similar 
suit  against  Taylor  in  the  friendly  Franklin  circuit 
court.  The  attorneys  for  both  sides  met  and  agreed 
to  consolidate  the  cases,  and  have  them  tried  in  the 
Jefferson  circuit  court  —  the  defeated  party  reserving 
the  right,  however,  to  carry  the  case  to  the  court  of 
appeals,  and  failing  there,  to  the  supreme  court  of  the 
United  States.  It  was  agreed  also  that  matters  should 
remain  in  statu  quo  until  a  final  decision  was  rendered 
by  the  supreme  court  of  the  United  States,  to  which 
the  defeated  side  was  to  submit. 

It  fell  to  the  lot  of  Judge  Emmett  Field,  of  the  com- 
mon pleas  division  of  the  Jefferson  circuit  court,  to  try 
the  case.  In  the  meantime,  the  state  board  of  election 
commissioners  had  rendered  its  decision,  unseating  all 
the  Republican  minor  state  officials  and  giving  their 


NOS'IOVW 


AN  APPEAL  TO  THE  COURTS         135 

seats  to  the  Democratic  contestants.  The  cases  were 
later  carried  to  the  court  of  appeals,  where  all  the  Re- 
publican contestees  were  denied  relief  except  the  at- 
torney-general ;  and  his  case  did  not  reach  the  court  of 
appeals  until  after  the  Republicans  had  a  majority  on 
the  appellate  bench. 

In  the  interim,  however,  the  newly-declared  officials, 
after  having  taken  the  oath  of  office,  hurried  to 
the  State  House,  to  make  formal  demand  for  pos- 
session of  the  respective  offices.  It  was  about  five 
o'clock  on  the  afternoon  of  February  twenty-sixth 
that  Mr.  C.  B.  Hill,  the  newly-made  secretary  of 
state,  came  into  my  office,  preparatory  to  demand- 
ing possession  of  it.  He  was  accompanied  by  several 
friends,  and  some  of  the  newly-declared  Goebel 
minor  state  officers.  This  was  the  first  time  I  had  ever 
met  my  opponent.  Not  only  had  the  claimants  for  the 
offices,  and  the  friends  of  the  different  sides,  held  aloof 
from  one  another;  but,  in  Frankfort,  the  social  lines 
were  as  closely  drawn  as  the  political  affiliations  were 
distinct.  I  knew  that  the  office  of  the  secretary  of 
state  was  mine  by  right  for  four  years.  I  felt,  how- 
ever, that  Mr.  Hill  was  entitled  to  the  courtesy  and 
consideration  due  to  any  guest,  so  I  received  him  with 
courtesy  and  offered  him  the  very  best  chair  in  the 
office.  After  a  few  moments  of  rather  strained  con- 
versation, Mr.  Hill  informed  me  that  he  had  been 
elected  to  the  office  of  secretary  of  state;  that  he  had 
taken  the  necessary  oath,  and  had  called  to  ask  per- 
mission to  take  possession  of  the  office.  I  told  him  that 
the  tax-payers  of  the  state  would  object  to  maintaining 
two  secretaries  of  state  in  one  office ;  and  that  as  I  had 
been  elected  to  that  position,  I  must  decline  to  resign 


136  MY  OWN  STORY 

it  to  another.  By  this  time  there  were  faint  smiles  on 
the  faces  of  all  present;  and  my  visitor  took  his  de- 
parture, with  an  invitation  from  me  to  call  again. 

All  the  other  Republicans,  except  Clifton  J.  Pratt, 
refused  to  vacate  their  offices.  The  Democratic  claim- 
ants marched  back  to  the  Capital  Hotel,  and  within  an 
hour  had  filed,  in  Judge  Cantrill's  court,  their  previous- 
ly prepared  suits  to  enjoin  the  Republicans  from 
further  attempting  to  perform  the  duties  of  their  re- 
spective offices. 

On  the  next  day,  the  state  was  blessed,  or  cursed,  as 
the  case  may  be,  with  a  completely  established  dual 
government.  The  Democratic  claimants  opened  their 
offices  in  the  Capital  Hotel;  and  the  Republican  state 
officers  retained  possession  of  the  offices  on  State 
House  Square. 


XXI 

DEMOCRATIC   SLEUTHS  BEGIN   WORK 

Decision  against  Republicans  —  Action  of  Legislature  final  — 
Goebel  partizans  threaten  to  take  forcible  possession  of  the 
offices  —  Situation  becomes  warlike  —  The  Democrats  ap- 
propriate one  hundred  thousand  dollars  to  discover  and 
punish  the  assassin 

On  the  tenth  of  March,  Judge  Field  handed  down 
his  -decision.  It  favored  the  Democrats ;  for  he  de- 
clared, on  the  ground  that  his  court  had  no  jurisdiction 
to  try  the  cases,  that  the  decision  of  the  Legislature  was 
final  and  conclusive,  and  not  subject  to  review.  The 
Republicans  at  once  carried  the  cases  to  the  court  of 
appeals.  Pending  the  result  of  this  action,  on  every 
hand  the  more  rabid  among  the  Goebel  partizans  said 
they  did  not  propose  waiting  for  the  decision  of  any 
more  courts,  but  intended  to  go  to  the  State  House, 
throw  Taylor  out,  and  forcibly  take  possession  of  the 
offices.  Upon  this  announcement,  the  aspect  of  affairs 
began  to  look  warlike.  In  truth,  bloodshed  and  war 
seemed  imminent;  the  situation  was  indeed  so  alarm- 
ing that  the  War  Department  at  Washington  was  im- 
plored to  disarm  the  rival  factions.  In  the  meantime 
the  Democratic  branch  of  the  general  assembly  pro- 
ceeded to  pass  a  bill,  appropriating  the  sum  of  one 
hundred  thousand  dollars  for  the  ostensible  purpose  of 
apprehending  and  punishing  the  murderers  of  Mr. 


138  MY  OWN  STORY 

Goebel,  always  assuming,  of  course,  that  the  murder- 
ers were  Republican  conspirators.  Of  this  amount 
twenty-five  thousand  dollars  was  to  be  set  apart  simply 
for  the  purpose  of  invesitgating  the  crime  and  the 
"  clues  "  that  might  lead  to  the  detection  of  its  perpe- 
trators. When  the  law  went  into  effect,  five  thousand 
dollars  of  the  fund  was  offered  by  the  five  reward  com- 
missioners, who,  in  the  meantime,  had  been  appointed, 
for  the  arrest  and  conviction  of  each  principal  as  well 
as  each  conspirator. 

The  appropriation  of  this  enormous  fund  meant  that 
some  one  would  have  to  suffer  for  Goebel's  murder, 
whether  he  was  guilty  or  not;  and  that  the  claim  of 
Goebel's  political  heirs  —  that  he  met  his  death  by 
reason  of  a  huge  Republican  conspiracy  —  would  be 
established,  whether  right  or  wrong,  if  money  could 
bring  it  about. 

The  late  Thomas  C.  Campbell  and  a  number  of 
diligent  sleuths  were  immediately  employed,  under 
instructions  to  obtain  all  the  testimony  necessary  to 
sustain  the  "  Republican  conspiracy  "  theory.  Those 
who  made  the  "  proper "  investigation  were  entitled 
to  the  twenty-five  thousand  dollars  set  apart  by  the  re- 
ward commission  to  pay  the  workers  in  that  particu- 
lar line.  Mr.  Campbell  and  the  detectives,  it  is 
needless  to  say,  made  the  "  proper "  investigation. 
They  lost  no  time.  It  was  necessary  to  establish  first 
a  connection  between  the  place  from  which  the  shots, 
five  in  all,  were  fired  and  the  Republican  officials.  This 
would  bring  the  murder  to  their  door.  The  office  of 
the  secretary  of  state  was  on  the  first  floor  of  the 
Executive  Building  and  in  the  southwestern  corner  of 
it,  the  corner  nearest  the  spot  where  Senator  Goebel  fell 


DEMOCRATIC  SLEUTHS  BEGIN  WORK    139 

mortally  wounded,  and,  therefore,  the  most  convenient 
point  from  which  the  shot  could  have  been  fired.  I 
occupied  that  office,  which  was  a  private  one.  Conse- 
quently, if  it  could  be  shown  with  any  degree  of  cer- 
tainty that  the  shot  came  from  this  office,  it  would  in 
the  minds  of  many  directly  implicate  the  Republican, 
party  in  the  assassination  by  connecting  the  crime  with 
one  of  the  Republican  state  officials. 

This  was  the  theory  of  the  prosecution,  and,  once 
decided  on,  it  was  most  widely  advertised.  The  first 
announcement  was  made  on  the  eighth  of  February. 
Immediately  on  recognizing  its  meaning,  I  gave  out  a 
statement  to  the  effect  that,  as  far  as  I  might  be  con- 
cerned, I  was  on  the  train  near  Louisville  at  the  mo- 
ment when  Mr.  Goebel  was  shot. 

Previously  to  this,  however,  two  detectives  had 
visited  all  the  offices  in  the  Executive  Building  and  had 
obtained  from  each  office  a  statement  as  to  the  where- 
abouts of  the  occupants  at  the  time  of  the  shooting. 
This  was  unhesitatingly  given.  When  the  two  detec- 
tives came  to  my  office  I  was  alone.  It  had  already 
been  charged  that  those  instrumental  in  bringing  the 
mountaineers  to  Frankfort  on  the  twenty-fifth  of  Janu- 
ary were  to  be  indicted  for  the  killing  of  Goebel. 
Knowing  that  I  had  assisted  in  doing  this,  I  was  as 
non-committal  as  possible  to  the  detectives,  particularly 
as  I  had  no  friend  present  to  bear  witness  to  what  might 
be  said  during  the  conversation.  I  was  so  placed  that 
if  I  refused  to  state  where  I  was  at  the  time  Mr.  Goebel 
was  killed,  the  refusal  could  and,  I  knew,  would  be  used 
against  me;  so  I  told  the  detectives  that  I  was  out  of 
Frankfort  and  that  no  one  was  in  my  office.  After  this 
fact  had  been  ascertained,  there  appeared  no  difficulty 


140  MY  OWN  STORY 

in  the  way  of  choosing  my  office  as  the  place  from 
which  the  shots  had  been  fired.  No  one  was  in  the 
office,  consequently  there  was  no  one  to  deny  any 
charge  made.  The  prosecution  was  gleeful  regarding 
the  "  disclosure  "  made  by  me  and  immediately  asserted 
through  the  press,  with  more  vehemence  than  ever, 
that  the  shot  came  from  my  office,  and  at  the  same  time 
insinuated  that  I  was  implicated  in  the  murder. 

The  reason  for  this  was  manifest.  I  was  a  young 
man.  It  would  be  much  easier  to  convince  the  public 
that  the  ambitions  of  a  young  man  would  carry  him 
into  the  machinations  of  such  a  criminal  conspiracy 
than  it  would  be  in  the  case  of  an  older  and  more  ex- 
perienced person.  I  had  been  an  outspoken  partizan 
and  extremely  active  in  many  of  the  meetings  and  con- 
ferences in  Frankfort.  I  had  brought  a  number  of 
mountain  people  to  Frankfort,  and  it  was  claimed  that 
the  death  of  Goebel  resulted  from  this.  I  am  a  moun- 
tain man,  and  the  prejudice  against  the  mountaineers 
was  such  that  the  public  was  expected  to  swallow 
with  open-mouthed  credulity  any  charge  that  might  be 
brought  against  any  of  them.  My  office  was  the  most 
probable  place  from  which  the  shot  could  have  been 
fired.  If  the  prosecution  could  establish  with  any 
degree  of  certainty  that  the  fatal  shot  came  from  my 
office  then  the  prosecution  felt  that  it  would  not  be  hard 
to  convince  the  country  that  I  must  have  had  fore- 
knowledge of  the  crime.  Last  of  all,  I  was  a  Repub- 
lican official  and  stood  sufficiently  high  in  the  party  to 
reflect  discredit  upon  it  if  the  prosecution  could  succeed 
in  implicating  me. 

Those  of  my  friends  who  saw  the  drift  of  affairs 
urged  me  to  leave  Frankfort  and  to  remain  away  until 


DEMOCRATIC  SLEUTHS  BEGIN  WORK     141 

the  excitement  of  the  hour  had  passed  and  men  had 
regained  their  reason.  It  seemed  to  me,  however,-  that 
to  leave  under  fire  and  while  I  was  being  accused  of 
murder  would  be  construed  into  a  confession  of  guilt, 
so  I  determined  to  stand  my  ground. 

From  the  day  that  the  Goebel  adherents  began  to 
charge  the  Republicans  with  the  assassination  of 
Goebel,  it  had  been  my  idea  for  the  Republican  party  to 
secure  the  services  of  good  and  reliable  detectives  to 
have  the  guilty  man  discovered.  Most  of  those  with 
whom  I  had  talked  agreed  with  me,  but  urged  that  the 
services  of  a  good  detective  would  cost  at  least  ten 
dollars  a  day  and  expenses  and,  as  it  might  take  months 
to  run  the  assassin  to  earth,  there  was  not  sufficient 
money  on  hand.  I  did  not  have  money  of  my  own 
with  which  to  ferret  out  the  crime.  I  was  poor  when 
the  campaign  began  and  poorer  when  it  ended,  but  I 
saw  the  necessity  of  assistance,  and  employed  J.  B. 
Matthews  of  Somerset,  Kentucky,  who  had  done  some 
work  of  that  kind.  He  did  what  he  could  to  solve  the 
mystery  and  later  another  detective,  T.  R.  Griffin,  of 
Somerset,  Kentucky,  was  called  in  at  my  instance. 


CHAPTER  XXII 

MY  ARREST 

I  visit  my  father  and  mother  —  Threatened  with  arrest,  I  seek 
safety  in  flight,  but  am  taken  from  a  train  at  Lexington  — 
I  pass  a  gloomy,  apprehensive  night  in  a  cell 

About  this  time  I  went  to  my  home  in  Knox  County 
to  see  and  consult  with  my  father  and  mother.  I  told 
them  that  from  every  indication  I  was  likely  to  be 
charged  with  the  murder  and  thrown  into  jail,  and, 
while  I  was  absolutely  innocent  of  the  charge,  that  my 
chance  of  being  fairly  dealt  with  was  slender.  After 
earnest  reflection  they  concurred  in  the  opinion  that  I 
should  face  my  accusers  and  undergo  whatever  ordeal 
might  be  before  me. 

When  I  again  returned  to  Frankfort  I  resumed  the 
duties  of  my  office.  But  I  was  to  gain  no  respite  from 
anxiety  and  care.  On  the  ninth  of  March,  about  mid- 
night, I  was  aroused  from  sleep,  told  that  W.  H. 
Culton,  of  McKee,  Jackson  County,  then  a  clerk  in  the 
auditor's  office,  had  been  arrested  at  his  home  in  South 
Frankfort  on  the  charge  of  being  implicated  in  the 
murder  of  Senator  Goebel,  and  that  warrants  of  arrest 
had  been  issued  for  Charles  Finley,  ex-secretary  of 
state  under  the  Bradley  administration,  Captain  John 
Davis,  policeman  on  Capitol  Square  during  the  Bradley 
and  Taylor  administrations,  my  brother,  John  L. 
Powers,  and  myself. 

142 


MY  ARREST  143 

The  news  came  to  me  like  a  crushing  blow.  I  was 
boarding  with  Captain  Davis,  who  lived  on  Lewis 
Street,  near  State  House  Square,  and  he  and  I  went 
immediately  for  consultation  and  advice  to  the  rooms 
of  ex-Governor  W.  O.  Bradley  and  Judge  W.  H.  Yost, 
who  were  boarding  at  the  same  place.  Ex-Governor 
Bradley  was  not  in  and  Judge  Yost  advised  us  to  make 
our  way  over  to  the  State  House  Square.  If  we  were 
arrested  that  night,  he  said,  we  would,  in  all  probability, 
be  mobbed  before  morning,  and  after  we  reached  the 
State  House  we  could  determine  upon  what  was  best 
to  be  done. 

Captain  Davis  and  I  had  not  been  admitted  to  the 
State  House  Square  more  than  five  minutes  before 
the  officers  and  police  passed  down  Lewis  Street  to  the 
home  of  Captain  Davis  to  arrest  us.  We  went  directly 
to  my  office  to  hold  a  conference  with  Judge  Yost  and 
others.  All  present  were  of  opinion  that,  since  I 
had  been  virtually  robbed  of  my  office  and  then  charged 
with  being  in  a  conspiracy  to  kill  Goebel,  my  conviction 
would  be  a  political  necessity;  that  the  Goebel  follow- 
ers could  not  afford  to  take  from  me  the  office  to  which 
I  had  been  elected  and  then  bring  against  me  the  foul 
charge  of  murder  without  making  good  that  charge; 
and  that  they  had  one  hundred  thousand  dollars  at  their 
command  with  which  to  substantiate  it.  I  knew  I 
might  as  well  try  to  gather  up  the  foam  of  the  ocean 
as  try  to  get  a  fair  hearing  from  men  frenzied  with 
passion  and  drunk  with  rage.  I  realized  the  force  of 
these  arguments  and  for  the  first  time  thought  seriously 
of  securing  my  liberty  and  possibly  my  life  by  flight. 
I  had  stood  at  my  post  of  duty  until  I  could  stand  there 
no  longer.  I  had  done  all  that  honor  demanded  and 


144  MY  OWN  STORY 

duty  required.  I  could  do  no  more ;  I  owed  something 
to  myself ;  I  felt  it  a  duty  to  protect  my  life  until  such 
time  as  the  people  would  not  in  their  madness  take  it 
from  me. 

The  next  day  we  learned  that  the  five  of  us,  who  had 
been  accused,  were  charged  with  being  accessories 
before  the  fact  to  the  murder  of  William  Goebel,  and 
that  warrants  for  our  arrest  had  been  sworn  out  by  one 
T.  B.  Cromwell,  of  Lexington,  Kentucky,  a  man  un- 
known to  me,  whose  chief  business  was  that  of  a 
detective  and  who  incidentally  was  a  newspaper  cor- 
respondent. Section  31  of  the  Kentucky  Criminal 
Code  prescribes  that  before  a  warrant  for  arrest  can 
be  issued  in  a  felony  case  an  affidavit  must  be  filed, 
stating  the  facts  upon  which  it  is  sought  to  secure  the 
warrant.  Upon  examination  it  was  found  that  in 
these  cases  no  such  affidavit  had  been  filed.  We  had 
no  idea  what  the  prosecution  proposed  proving,  and,  if, 
in  the  very  first  move,  the  fundamental  principles  of 
the  law  were  to  be  ignored  and  men  were  to  be  charged 
with  the  blackest  offense  known  to  the  law  upon  the 
mere  statement  of  an  irresponsible  detective,  I  thought 
that  safety  lay  in  flight;  so  I  determined  to  escape  the 
wrath  of  a  passion-ruled  party,  partizan  courts  and  the 
perjury  and  corruption  consequent  to  the  enormous 
"  blood-money  "  fund. 

Captain  Davis  and  I  decided  to  get  away,  if  possible, 
on  the  night  of  the  tenth  of  March.  The  question 
arose,  how  was  it  to  be  accomplished?  The  streets  of 
Frankfort  were  carefully  guarded,  while  State  House 
Square  was  surrounded  with  detectives  and  men  in- 
terested in  our  apprehension.  It  was  finally  decided 
that  twenty-five  or  thirty  soldiers  should  be  despatched 


The  Capitol.     Goebel  fell  at  the  right  of  the  fountain 

Taylor  soldiers  on  guard 
Governor  Taylor's  desk  ;  Captain  John  Davis  on  the  right 

Governor  Taylor  at  his  desk 

OX   THE  CAPITOL  GROUNDS 


MY  ARREST  145 

to  London,  ostensibly  on  duty  of  some  kind  and  that 
Captain  Davis  and  I  should  go  with  them  in  uniform. 
And  I  might  here  add  that  this  attempted  escape  has 
been  the  strongest  point  made  by  the  prosecution 
against  me,  since  it  is  now  known  that  the  Taylor 
pardon  accepted  by  Captain  Davis  (at  the  same  time 
I  accepted  a  similar  one  for  alleged  complicity  in  the 
Goebel  murder),  was  no  proof  of  guilt,  since  even  the 
prosecution  now  admits  that  he  is  an  innocent  man. 
His  pardon,  like  mine,  was  accepted  as  a  possible  shield 
against  judicial  murder.  Holland  Whittaker,  now  ad- 
mitted to  be  innocent,  accepted  a  similar  pardon  for  a 
similar  purpose. 

A  few  moments  before  the  early  night  Chesapeake 
and  Ohio  train  for  eastern  Kentucky  was  due  at 
Frankfort,  a  squad  of  soldiers,  fully  uniformed  and 
carrying  guns  over  their  shoulders,  fell  into  line  in  the 
hallway  of  the  Executive  Building.  Captain  Davis  and 
I  took  our  places  in  the  ranks  and  we  all  marched  to 
the  station.  Just  as  the  train  was  leaving  we  hastily 
boarded  it;  a  number  of  police  and  detectives  got 
aboard,  no  doubt  suspecting  a  ruse.  As  we  sped  along 
from  Frankfort  to  Lexington,  I  was  revolving  in  my 
mind  the  scenes  through  which  I  had  passed,  and  won- 
dering what  the  future  would  bring  to  me.  The  fact 
that  I  was  being  forced  to  flee ;  forced  to  play  the  part 
of  the  guilty ;  forced  to  leave  my  post  of  duty  to  escape 
unreasoning  wrath,  as  well  as  the  courts,  whose  duty 
it  is  not  to  scourge  but  to  shield  the  innocent  from  op- 
pression and  wrong  —  these  were  the  thoughts  burning 
themselves  into  my  very  soul.  I  had  never  run  before, 
but  had  always  met  responsibilities,  of  whatever  charac- 
ter, face  to  face.  The  sensation  was  a  new  and  most 


i46  MY  OWN  STORY 

miserable  one.  A  thousand  conflicting  doubts  and  de- 
terminations arose  in  my  mind  while  on  that  train. 
From  time  to  time  I  felt  like  leaping  off,  making  my 
way  back  to  Frankfort,  and  saying  to  those  who  were 
seeking  innocent  blood  that  I  was  ready  to  meet  any 
and  all  charges  that  might  be  preferred  against  me. 
Then  the  considerations  that  had  suggested  my  flight 
asserted  themselves,  and  I  put  aside  the  impulse. 

We  continued  our  journey.  When  we  reached  Lex- 
ington a  great  crowd  had  assembled  at  the  depot.  Our 
attempted  escape  had  been  telephoned  to  Lexington, 
fifteen  hundred  dollars  offered  for  our  arrest,  and 
the  civil  authorities  of  the  city,  together  with  a 
company  of  state  guards  and  a  number  of  interested 
citizens,  had  come  to  arrest  us.  Our  car  was  nearly 
full  of  soldiers,  but  by  an  oversight  of  the  commanding 
officer,  they  did  not  seem  to  understand  they  were  there 
to  protect  Captain  Davis  and  myself  from  arrest. 
When  the  train  stopped  at  the  depot  near  the  Phoenix 
Hotel,  the  police  and  city  officials  were  permitted  to 
make  their  way  into  the  car  where  we  were  sitting, 
and  in  a  very  short  time  it  was  filled  with  officers  with 
drawn  revolvers.  Our  soldiers  had  long  rifles,  and, 
even  had  they  attempted  to  resist  the  arrest  of  Captain 
Davis  and  myself,  they  were  in  no  position  to  do  so, 
and  very  likely  would  have  been  killed  or  forced  to  sur- 
render. I  was  recognized  by  some  of  the  officers,  im- 
mediately covered  with  drawn  revolvers,  and  my  sur- 
render was  demanded.  I  was  unarmed  and  unresisting, 
and  made  no  reply.  I  was  seized  and  dragged  from  the 
car  into  the  crowd  outside ;  my  overcoat  was  jerked  off 
and  my  shirt  torn  from  my  body.  On  toward  the 
county  jail  the  crowd  moved,  cursing  me,  and  applying 


MY  ARREST  147 

to  me  every  abusive  epithet  that  excited  passion  could 
use.  Still  I  offered  no  resistance,  and  uttered  not  a 
word. 

When  we  reached  the  county  jail  I  was  immediately 
taken  to  the  jail  office,  where  a  suggestion  to  search  me 
was  made  by  one  of  the  rabble.  Against  this  I  raised 
my  voice  in  protest  for  the  first  time,  saying  that 
no  one  had  a  legal  right  to  search  me.  No  sooner  had 
the  words  fallen  from  my  lips,  than  I  was  struck  on 
the  top  of  the  head  from  the  rear,  either  with  a  billy 
or  "  knucks ;  "  for  a  moment  I  staggered,  and  then  fell 
unconscious".  When  I  recovered,  the  blood  was  flow- 
ing profusely  from  my  head.  The  jailer,  Mr.  Morgan 
Gentry,  then  appeared  upon  the  scene.  He  took  charge 
of  me  and  escorted  me  to  the  third  story  of  the  jail. 
In  the  meantime  the  news  of  our  arrest  had  spread  over 
the  city  like  wildfire,  and  newspaper  reporters  were 
soon  on  the  scene  seeking  to  interview  us.  I  felt  the 
necessity  of  giving  to  the  public  an  explanation  of  my 
actions.  That  my  motives  might  not  be  distorted,  I 
decided  to  write  a  statement  myself.  Paper  and  pencil 
were  supplied  me,  and,  as  soon  as  my  wound  was 
.dressed,  I  sat  up  on  the  cot  in  the  jail  cell  and  wrote 
the  following  statement,  which  was  copied  in  all  the 
Kentucky  papers  friendly  to  my  cause : 

I  have  nothing  to  say  except  that  I  desire  a  speedy  trial ; 
and  I  have  no  fear  of  its  result  before  a  non-partizan  court 
and  jury.  I  have  never  had,  in  the  once  threatened,  nor  have 
I  now  in  the  actual  prosecution,  but  two  things  to  fear; 
and  they  are  the  evil  and  corrupt  influence  that  one  hundred 
thousand  dollars  can  have  in  the  prosecution  of  any  case,  and 
the  political  influence  that  will  be  incident  to  these  trials. 
That  these  are  not  small  things  to  fear,  any  sober-thinking 
man  must  confess.  I  am  innocent  of  the  charge  preferred 


I48  MY  OWN  STORY 

against  me.    I  am  willing  for  the  public  to  know  my  entire 
connection  with  the  very  bitter  strife  in  this  campaign. 

When  arrested  I  was  leaving  what  I  thought  would 
be  causeless  persecution.  How  fully  has  been  realized 
my  fear  that  I  should  be  tried  by  a  partizan  court,  and 
a  jury  composed  of  my  political  enemies,  the  following 
pages  will  show.  To  what  extent  my  foreboding  that 
the  corrupt  influence  of  one  hundred  thousand  dollars 
"  blood-money "  and  partizan  political  hatred  would 
succeed  in  thwarting  justice  and  enthroning  wrong,  the 
events  which  have  followed  plainly  point  out.  Wheth- 
er the  prosecution  against  me  has  been  "  causeless  per- 
secution," as  I  then  predicted  it  would  be,  I  will  let 
those  who  peruse  these  pages  judge  for  themselves; 
and  whether  my  fear  of  the  enormous  corruption  fund 
and  the  political  nature  of  the  prosecution  was  merely 
visionary,  or  founded  upon  fact,  I  will  let  the  public 
decide.  Whether  it  was  wise,  under  existing  circum- 
stances, to  accept  the  pardon  from  Governor  Taylor  for 
the  offense  alleged  against  me,  and  then  agree  to  waive 
all  rights  acquired  under  it,  provided  the  prosecution 
would  allow  me  to  be  tried  outside  of  Judge  Cantrill's 
district,  and  by  a  jury  divided  equally  as  to  politics,  I 
will  also  let  others  determine. 

That  night  after  my  friends  had  left,  I  lay  down 
on  the  small  cot  in  the  third  story  of  the  jail.  I  was 
alone,  Captain  Davis  having  been  moved  to  another 
cell  in  the  bastile.  The  tread  of  the  soldiers  on  guard 
below,  and  the  mutterings  of  an  angry  and  excited 
crowd  without,  could  be  heard.  The  scenes  through 
which  I  had  passed,  and  the  pain  from  the  blow  I  had 
received  at  the  hands  of  some  unknown  coward,  while 
I  was  defenseless  and  in  charge  of  the  officers  of  the 


MY  ARREST  149 

law,  left  me  little  prepared  for  sleep.  For  a  time 
thoughts,  colored  by  my  gloomy  surroundings,  crowded 
thick  and  fast  on  imagination's  fruitful  soil.  Some- 
times I  wondered  if  I  might  not  be  dragged  from  the 
jail  as  I  had  been  dragged  from  the  train,  and  forced 
to  give  up  my  life  to  a  hungry  and  infuriated  mob. 
Finally  a  troubled  sleep  came  to  me,  and  when  I  awoke 
the  next  morning  from  a  hideous  nightmare,  it  w^s 
only  to  find  the  reality  more  horrible  than  my  dreams, — 
my  liberty  restrained  by  iron  bars,  massive  walls,  steel- 
latticed  windows  and  bolted  doors.  But  great  sorrows, 
like  great  ecstasies,  are  not  long  sustained.  Nature  is 
kind  and  relieves  the  strain.  Weeping  endureth  for  a 
night,  but  joy  cometh  in  the  morning. 


CHAPTER  XXIII 

FROM   LEXINGTON  TO  LOUISVILLE 

Nocturnal  visit  of  officers  to  my  cell  —  Handcuffed,  I  am  taken 
from  jail,  driven  across  country  to  a  railway  and  hurried 
to  Louisville  —  A  defense  fund  of  ten  thousand  dollars 

It  was  the  Sabbath,  March  eleventh,  1900.  The 
sun  was  shining  beautifully;  crowds  were  thronging 
the  vicinity  of  the  jail,  while  newsboys  were  crying  out 
the  account  of  my  arrest  as  an  inducement  to  passers- 
by  to  purchase  their  papers.  Many  of  the  newspapers 
and  magazines  had  even  at  this  time,  as  they  have 
since,  kind  things  to  say  of  me.  Many  people,  it 
has  proved,  have  remained  my  unfaltering  friends 
through  evil  as  through  good  report.  Here  and  now 
I  thank  these  friends,  both  press  and  personal,  whom  I 
know  or  may  not  know,  with  all  my  heart.  Those 
words  of  cheer  and  comfort  which  came  to  me  at  the 
beginning  of  my  struggle,  when  my  brain  was  dazed 
and  my  heart  crushed  and  bruised  by  the  shock  and 
horror  of  my  position,  I  deeply  and  gratefully  prize. 

Sunday  night,  or  rather  Monday  morning,  about 
two  o'clock  I  waked  to  find  myself  surrounded  by  men 
in  the  uniform  of  policemen,  and  others  who  wore 
citizens'  clothes.  I  was  told  to  get  up;  when  I  hesi- 
tated the  command  was  repeated.  I  asked  for  what 
I  was  wanted,  and  was  told  that  they  "  had  come  for 
me."  I  asked  where  I  was  to  be  taken,  but  the  only 

150 


FROM  LEXINGTON  TO  LOUISVILLE        151 

answer  I  received  was  to  "  get  up ; "  that  they  were 
"  going  to  take  me  a  little  distance."  I  protested. 
The  statement  from  them  that  they  would  only  take 
me  out  a  short  distance,  together  with  the  late  hour 
of  the  night,  filled  me  with  foreboding.  Was  a  mob  to 
end  further  legal  controversy?  I  did  not  know,  and 
was  persistent  in  trying  to  find  out,  while  my  nocturnal 
visitors  were  equally  determined  that  I  should  not. 

Captain  Davis  and  I  were  handcuffed  together,  the 
jail  doors  were  thrown  open,  and  we  were  marched 
down  the  street  to  a  two-horse  conveyance  prepared 
for  our  reception.  This  we  were  commanded  to  enter. 
Four  other  men  entered  with  us.  We  were  driven 
over  a  pike  .leading  out  of  Lexington.  What  did  this 
trip  into  the  country  mean?  If  we  were  being  trans- 
ferred to  another  bastile,  why  was  not  the  usual  mode 
of  travel  adopted  ?  Why  was  the  dead  of  night  chosen 
for  our  journey?  Why  were  we  kept  in  ignorance  of 
our  destination? 

On  over  the  country  roads  we  went,  shivering 
from  cold  and  filled  with  vague  foreboding.  After 
driving  steadily  for  several  hours  a  small  town  came 
into  sight.  I  felt  fairly  confident  now  that  we  were 
being  removed  to  another  jail,  and  that  mob  violence 
was  not  intended.  We  were  in  fact  being  taken 
to  the  Louisville  jail.  After  we  were  locked  in  cells 
there,  I  found  that  W.  H.  Culton  and  Holland  Whit- 
taker,  who  were  arrested  in  Frankfort  soon  after 
Goebel  was  shot,  had  also  been  driven  across  the  coun- 
try from  the  Frankfort  to  the  Shelby ville  jail,  the 
night  before,  and  later  lodged  in  the  Louisville  jail  in 
order  to  prevent  their  being  mobbed  in  Frankfort. 
This  was  the  first  time  I  had  ever  seen  Mr.  Whittaker, 


152  MY  OWN  STORY 

although  I  was  charged  with  procuring  him,  among 
others,  to  kill  Senator  Goebel. 

On  the  day  of  my  arrival  at  Louisville,  and  for  days 
following,  my  friends  visited  me  in  numbers.  Among 
them  was  my  good  friend,  Doctor  T.  H.  Baker,  post- 
master at  Louisville.  What  to  do,  I  did  not  know. 
I  had  no  money  and  no  lawyers.  How  could  I  prepare 
for  a  trial  without  means?  WThat  were  the  few  hun- 
dred dollars  that  I  might  obtain,  pitted  against  one 
hundred  thousand  dollars,  and  that  sum  augmented 
also  by  the  entire  resources  of  the  whole  state?  I 
knew,  moreover,  that  the  expenses  incident  to  my  trial 
would  be  enormous.  In  Kentucky,  the  defendant  pays 
the  entire  expenses  incident  to  his  defense;  the  state 
pays  all  the  expenses  for  the  prosecution.  But  I  made 
up  my  mind  that,  whatever  might  be  the  disadvantages 
of  my  situation,  whatever  the  advantages  of  that  of  the 
prosecution,  whatever  the  result  might  be,  I  would  bat- 
tle to  the  very  best  of  my  ability  against  any  odds  that 
might  oppose  me,  fight  to  the  bitter  end  and  maintain 
my  innocence  and  honor  to  the  last.  I  am  an  optimist 
and  believe  right  triumphs  always  if  it  is  contended  for 
with  sufficient  trust  and  courage.  I  felt  sure  then  that 
however  brightly  the  names  of  those  responsible  for  my 
arrest  were  temporarily  glittering  in  the  light  of  popu- 
lar favor,  some  day  they  would  be  lost  in  the  fog/  of 
oblivion  and  obscurity.  But  Fate,  who  sits  and  spins 
the  web  of  life,  was  and  is  now,  for  that  matter, 
against  me. 

In  a  short  time  after  I  had  reached  Louisville  the 
Honorable  R.  W.  Knott,  editor  of  the  Evening  Post, 
Colonel  John  H.  Ward,  Colonel  Morris  B.  Belknap, 
Colonel  Andrew  Cowan,  and  Mr.  Donald  McDonald, 


FROM  LEXINGTON  TO  LOUISVILLE       153 

all  men  of  means  and  among  the  most  influential  and 
prominent  of  Louisville's  citizens,  formed  a  defense 
committee  and  set  about  raising  funds  to  defend  the 
accused.  The  object  of  this  move  was  to  shield  no 
guilty  man,  but  to  see  that  each  of  the  accused  was  ac- 
corded a  fair  trial.  The  work  of  the  Louisville  defense 
committee  progressed  admirably.  A  fund  of  ten  thou- 
sand dollars  was  raised,  and  ex-Governor  John  Young 
Brown  and  the  Honorable  Robert  C.  Kinkead,  of  Louis- 
ville, and  Judge  James  C.  Sims,  of  Bowling  Green  — 
all  of  them  among  the  most  distinguished  lawyers  of 
the  state  —  were  employed  as  counsel. 

In  less  than  ten  days  after  my  arrest  —  if  not  before 
that  time  —  the  political  lines  were  as  tightly  drawn 
in  regard  to  my  guilt  or  innocence  as  they  had  ever 
been  concerning  the  money  question,  or  any  other 
question,  that  has  ever  divided  the  two  great  political 
parties  in  the  state.  There  was  not  a  single  Goebel 
Democratic  newspaper  published  within  the  confines 
of  the  Commonwealth  at  that  time  that  failed  to  take 
the  position  that  I  was  guilty  of  the  crime  charged 
against  me;  vice  versa  with  the  Republican  and  in- 
dependent Democratic  papers.  To  be  a  good  Demo- 
crat, it  was  necessary  to  preach  my  guilt,  to  be  a 
good  Republican,  proclaim  my  innocence.  The  times 
were  out  of  joint.  I  had  been  in  Louisville  but  a  few 
days  when  Captain  Davis  and  I  were  transferred  to 
the  jail  in  Frankfort  and  a  heavy  guard  of  Beckham 
soldiers  was  thrown  around  it. 

Frankfort  at  that  time  boasted  two  armed  camps  — 
the  Taylor  soldiers,  who  continued  to  occupy  the  State 
House  Square,  and  the  Beckham  guards,  who  used  the 
court-house  as  a  fortress.  To  strengthen  their  force 


154  MY  OWN  STORY 

the  Democrats  swore  in  from  one  hundred  to  three 
hundred  extra  guards,  who  carried  small  firearms, 
their  own  rifles  or  muskets,  the  ammunition  being  de- 
posited at  the  police  station  and  at  other  safe  and  con- 
venient places. 

The  rumors  afloat  in  the  Republican  camp  were  to 
the  effect  that  Captain  Davis  and  myself  were  likely  to 
be  mobbed  and  that  the  Goebel  adherents  would  arrest 
more  of  the  state  officials,  and  then  take  forcible  pos- 
session of  the  offices.  The  rumor  in  the  Democratic 
camp  was  to  the  effect  that  the  Taylor  soldiers  were  go- 
ing to  release  Captain  Davis  and  myself,  and,  in  turn, 
arrest  Mr.  Beckham  and  other  Democratic  contestants 
on  the  charge  of  treason.  The  rumor  that  reached  the 
general  public  was  to  the  effect  that  there  was  going  to 
be  war  at  Frankfort  between  the  opposing  factions. 
Thus  the  weary,  strife-laden  days  wore  heavily  on. 


CHAPTER  XXIV 

MY  PRELIMINARY   HEARING 

Before  Judge  Moore  —  The  late  T.  C.  Campbell's  record  — 
Wharton  Golden's  testimony  —  Dramatic  scene,  pregnant 
with  dire  possibilities,  that  finally  passes  away  without 
bloodshed  —  Moments  of  great  peril  to  myself  —  I  am 
denied  bail  and  go  back  to  jail 

Under  the  provisions  of  Section  50  of  the  Criminal 
Code  of  Kentucky,  any  one  charged  with  a  public 
offense  is  entitled  to  a  speedy  trial.  I  wanted  one. 
Therefore  I  bent  every  energy  to  hasten  the  date  of  my 
preliminary  hearing.  This  examining  trial  finally  was 
set  for  March  twenty-third,  1900,  and  was  spread  on 
the  dockets  to  be  heard  before  Judge  Dan  Moore,  of 
the  Franklin  County  court. 

When  the  hour  arrived,  the  court-room  was  filled  to 
overflowing.  Friends  and  foes  alike  crowded  into  the 
seats,  packed  themselves  into  the  aisles  and  even  sought 
precarious  seats  on  narrow  window-ledges.  All  classes 
of  men  were  represented,  and  not  a  few  of  the  most 
notorious  characters  of  that  and  other  communities 
were  to  be  seen  in  the  crowd.  Men  came  armed  to  the 
teeth,  prepared  to  assist,  if  necessary,  in  the  adminis- 
tration of  "  justice."  Here  and  there,  as  I  surveyed 
the  motley  assembly,  I  met  the  lowering  glances  of 
those  who  were  thirsting  for  my  blood.  Without  any 
thought  of  my  feelings,  they  craned  their  necks  to 

155 


156  MY  OWN  STORY 

obtain  a  better  sight  of  the  "  prisoner  at  the  dock," 
and,  with  impudent  and  malignant  glitter  in  their 
eyes,  sought  to  force  me  to  turn  aside  my  gaze. 

Into  the  narrow  confines  of  the  room,  the  military 
likewise  had  been  crowded.  The  Beckham  guards, 
some  with  gun  in  hand,  others  with  sash  and  saber, 
were  stationed  at  every  entrance  and  exit.  Whether 
these  sentries  were  thus  posted  to  protect  me  from  mob 
violence,  or  to  help  maintain  his  Honor's  dignity,  or 
to  prevent  my  escape  should  I  make  a  break  for  liber- 
ty, I  have  never  known.  Their  presence  was  suf- 
ficiently significant. 

On  the  bench  sat  Judge  Moore.  On  the  right  of 
the  judge's  bench,  within  the  rail,  sat  a  host  of  poli- 
ticians, lawyers,  prosecutors,  and  others  to  a  greater 
or  less  extent  interested  in  the  prosecution.  Among 
these  were  Arthur  Goebel,  brother  of  Senator  Goebel, 
and  the  late  Thomas  C.  Campbell. 

It  was  the  first  time  I  had  ever  seen  either.  I 
had  heard  of  both,  particularly  of  Mr.  Campbell; 
for,  from  the  time  that  he  was  called  to  assume 
charge  of  the  prosecution  of  the  Goebel  cases,  the 
Republican  and  independent  press  of  the  state  had 
permitted  no  opportunity  to  escape  whereby  his  record 
could  be  made  known.  The  public  was  frequently  re- 
minded of  the  Cincinnati  ^jpts  of  1884.  In  connection 
with  these,  Mr.  Campbell  was  openly  charged  with 
being  directly  responsible  for  the  loss  of  sixty-three 
lives.  It  was  said,  also,J:hat  his  practice  in  Cincinnati 
courts  had  become  so  notoriously  corrupt  that  criminals 
of  every  class  flocked  to  his  office  for  assistance,  shelter 
and  safety,  and  that  his  influence  and  practice  were 
such  that  none  of  these  was  difficult  to  obtain.  Finally, 


157 

however,  decent  people  rebelled  when  Mr.  Campbell, 
apparently  throwing  all  caution  to  the  winds,  succeeded 
in  obtaining  only  a  nominal  punishment  for  a  man  who 
was  plainly  guilty  of  an  atrocious  crime.  Outraged 
citizens  determined  to  take  the  law  into  their  own 
hands  and  lynch  the  prisoner.  The  police  and  the 
militia  were  called  out  to  protect  him  from  the  threat- 
ened violence,  and  the  clash  between  the  armed  guard- 
ians of  the  law  and  the  indignant  people  precipitated  a 
series  of  riots  that  continued  for  three  days.  During 
this  bloody  period  the  court-house  was  destroyed  and 
all  its  records  consumed  in  the  flames  that  reduced  it  to 
ruins.  Mr.  Campbell,  knowing  well  the  danger  that 
the  situation  held  for  him,  stood  "  not  on  the  order  of 
his  going,"  but  went  forthwith,  fleeing  for  safety  to 
New  York.  Here  he  once  more  took  up  the  practice 
of  his  "  profession." 

Now,  in  this  Kentucky  court-room,  my  eyes  fell  for 
the  first  time  on  this  attorney  of  such  unsavory  repu- 
tation. I  beheld  a  man  who  was  probably  five  feet 
eight  inches  in  height  and  who  would  weigh  in  the 
neighborhood  of  two  hundred  pounds.  His  hair, 
partly  gray,  bordered  a  well-nigh  bald  head,  and  the 
height  of  the  forehead  was  accentuated  by  the  extreme 
length  of  the  shaggy  locks.  His  beard  was  almost 
black.  His  eyes  were  small  and  of  peculiar  shape; 
he  possessed  a  strange  and  irregularly-shaped  mouth. 

Immediately  on  the  convening  of  court,  ex-Governor 
Brown  moved  to  quash  the  indictment  against  me  on 
the  ground  that  it  did  not  allege  that  the  crime  was 
committed  in  Franklin  County.  Judge  Moore  prompt- 
ly overruled  the  motion.  The  defense  then  requested 
that,  in  order  to  prevent  any  possible  collusion,  the  wit- 


158  MY  OWN  STORY 

nesses  be  instructed  to  withdraw  from  the  court-room 
and  warned  to  hold  no  conversation  among  themselves 
relative  to  the  case.  The  court  responded  to  this  re- 
quest by  sending  the  witnesses  from  the  room  with 
this  injunction :  "  Don't  let  nobody  talk  to  you  about 
this  case,  and  don't  talk  to  yourselves." 

After  a  day  or  two  spent  in  hearing  evidence,  it 
became  bruited  about  that  the  prosecution  would  put 
on  the  stand  one  more  witness,  and,  with  this  testi- 
mony, close  its  case.  This  witness  proved  to  be  F. 
Wharton  Golden,  who,  on  the  third  of  March,  had  been 
sent  for  by  detective  Tom  Cromwell,  and  requested  to 
come  to  the  Capital  Hotel  in  Frankfort.  Here  Golden 
was  informed  that  the  prosecution  had  woven  about 
him  a  mesh  of  the  most  damaging  proof  of  his  own 
implication  in  the  murder  of  Mr.  Goebel.  Mr.  Camp- 
bell, who  was  conveniently  present  on  that  occasion, 
was  quick  to  promise  him,  however,  that,  providing  he 
would  confess,  he  would  do  all  within  his  power  to 
prevent  his  being  prosecuted. 

From  that  day  to  this  Golden  has  stuck  to  the  prose- 
cution like  a  postage-stamp  to  a  letter.  He  felt  that 
danger  lurked  for  him  just  round  the  corner,  and  that  it 
would  have  sprung  upon  him  had  he  been  but  a  few 
degrees  higher  in  the  counsels  of  the  Republican  party 
of  Kentucky.  In  the  fear  that  even  his  somewhat  in- 
ferior position  might  not  prove  sufficient  armor  to  pro- 
tect him,  he  sought  to  insure  his  own  safety  by  casting 
his  lot  with  that  of  the  prosecution.  It  was  this  Golden 
who  took  the  witness-stand  against  me  in  my  examin- 
ing trial.  With  pale  face  and  gaze  turned  unalterably 
from  the  side  of  the  defense,  he  essayed  to  deliver  his 
testimony  -  with  an  air  of  indifference  that  accorded 


MY  PRELIMINARY  HEARING          159 

but  poorly  with  his  very  patent  agitation.  Golden's 
testimony  in  this  trial,  embellished  by  all  that  the  crafty 
minds  of  the  prosecution  could  devise  as  the  days  wore 
away,  as  well  as  the  testimony  of  other  witnesses,  will 
be  referred  to  and  discussed  in  succeeding  pages. 

During  the  whole  of  this  preliminary  hearing,  and 
especially  while  Golden  was  testifying,  Mr.  Campbell 
made  frequent  plays  to  the  gallery.  He  put  his  ques- 
tions in  a  way  that  frequently  elicited  laughter  and 
applause  from  portions  of  the  audience.  He  made 
frequent  references  to  the  "  mountain  crowd "  that 
came  to  Frankfort  on  the  twenty-fifth  of  January,  as- 
serting that  it  was  composed  of  ignorant  desperadoes 
who  were  bent  on  murder  and  destruction.  Though 
the  counsel  for  the  accused  objected  to  such  illegal 
procedure,  the  objections  were  of  no  avail.  Mr.  Camp- 
bell did  not  desist.  Finally,  Judge  George  Denny,  one' 
of  my  attorneys,  arose  to  address  the  court.  He  said, 
in  the  course  of  his  remarks :  "  Many  citizens  come 
to  Frankfort;  many  of  our  mountain  citizens  come  to 
Frankfort.  I  come  here  myself.  It  is  not  unlawful 
for  men  to  come  to  Frankfort,  nor  is  it  unlawful  for 
them  to  come  here  armed." 

In  his  reply  to  this  argument,  Mr.  Campbell  charged 
that  Judge  Denny  had  said  he  had  come  to  Frank- 
fort armed.  Mr.  Denny  hastily  interrupted  with  the 
remark :  "  I  did  not  say  I  came  armed."  Mr.  Camp- 
bell reasserted  his  former  statement. 

"  You  did  say  you  came  armed !"  he  thundered. 

"  I  did  not,"  Mr.  Denny  protested. 

"  I  say  you  did !"  shouted  Campbell. 

Mr.  Denny  arose  from  his  chair,  his  tall  form  tower- 
ing over  those  around  him  like  that  of  a  giant.  All 


160  MY  OWN  STORY 

eyes  were  turned  upon  the  two  men.  Judge  Denny's 
eyes  flashed  fire.  Mr.  Campbell  was  already  on  his 
feet  and,  as  the  attorney  for  the  defense  arose,  ad- 
vanced a  few  steps  toward  him.  The  latter  could  make 
no  movement  in  the  direction  of  Campbell,  for  the  table 
between  the  two  men  barred  his  progress.  I  was  in 
front  of  this  table  and  directly  between  the  two  men. 
Their  bellicose  attitude  first  caused  a  hush  to  fall 
over  the  crowded  court-room,  then,  in  an  instant,  all 
was  confusion.  On  every  side,  men  sprang  to  their 
feet.  Many  made  frantic  efforts  to  reach  the  exits  — 
windows  or  doors  —  and  escape  from  the  scene.  Oth- 
ers seemed  bent  to  force  the  issue  to  a  crisis.  From 
various  portions  of  the  room  one  could  hear  distinctly 
the  click  of  rifle  and  revolver  hammers  as  they  were 
drawn  back  ready  to  be  snapped  by  a  hair's  pressure 
on  the  triggers.  The  flash  of  steel  glinted  on  every 
hand.  I  sprang  to  my  feet  and,  as  I  arose,  I  saw  at 
least  ten  revolvers  leveled  at  my  head.  Then,  realiz- 
ing that  I  made  a  better  target  standing  than  sitting, 
I  sank  back  in  my  chair. 

Later  I  was  reliably  informed  that  four  men  held 
revolvers  leveled  at  my  back.  Had  a  shot  been  fired 
at  that  moment,  I  am  confident  that  no  less  than  a 
score  of  bullets  would  have  pierced  my  body. 

When  the  difficulty  arose,  some  of  the  guards,  from 
their  stations  near  the  exits,  rushed  forward,  guns  in 
hand.  The  deputy  sheriffs  who  had  been  sworn  in  only 
a  short  time,  drew  their  weapons  and  plunged  into 
the  crowd.  Their  action  only;  increased  the  confusion, 
for  the  latter,  in  their  citizens'  clothes,  had  nothing  to 
distinguish  them  from  the  others.  In  truth,  no  one 
could  tell  —  I  am  sure  I,  at  least,  could  not  tell  — 


MY  PRELIMINARY  HEARING          161 

whether  those  with  revolvers  in  their  hands  at  this 
moment  were  bent  upon  bloodshed  or  determined  to 
prevent  it.  Mr.  Zack  Thomason,  a  tall,  athletic  police- 
man, walked  up  and  down  in  front  of  me,  cudgel  in 
hand,  commanding  peace  and  order.  The  cooler 
and  more  conservative  in  the  crowd  rallied  to  his  as- 
sistance and  the  confusion  gradually  abated,  giving 
way  to  calls  for  order.  "  Sit  down !  Be  quiet !  "  many 
shouted.  But  even  these  exhortations  did  not  prevent 
a  continuance  of  the  wild  scramble  to  gain  the  exits; 
for  men  made  a  frantic  rush  toward  the  doors,  falling 
over  one  another  in  their  desperate  efforts  to  escape 
the  general  fusillade  of  shots  that  they  fully  expected 
would  follow. 

Pandemonium  reigned  in  the  court-room  and,  it  is 
safe  to  say,  this  scene  has  never  before  or  since  had 
its  parallel  in  any  judicial  tribunal  in  Kentucky.  The 
excitement  was  at  white  heat  and  continued  practically 
unabated  for  fully  five  or  ten  minutes.  During  every 
second  of  this  time,  I  expected  to  be  shot.  For  once 
in  my  life,  at  least,  I  looked  instant  death  squarely  in 
the  face.  The  experience  did  not  prove  a  pleasant  one, 
nor  one  that  I  should  care  to  repeat.  But,  when  such 
a  moment  comes,  it  seems  that  it  brings  with  it  suf- 
ficient courage  to  enable  one  to  endure  it. 

I  shall  always  credit  Policeman  Thomason  with 
quelling  the  riot  and  saving  my  life.  Order  was 
finally  restored,  but  not  without  difficulty.  The  Courier- 
Journal,  in  its  account  of  the  incident,  at  least  did  me 
the  honor  to  state  that  I  was  no  physical  coward.  It 
said :  "  Powers  leaped  to  his  feet  quickly,  but  in  a 
moment  his  face  calmed,  and  he  recovered  the  cool 
manner  which  characterizes  him  under  almost  any  cir- 


162  MY  OWN  STORY 

cumstances."  After  the  excitement  had  partly  died 
away,  ex-Governor  Brown,  who,  next  to  myself,  was 
probably  the  most  hated  man  in  the  court-room  and 
whose  life  was  also  in  momentary  danger,  succeeded  in 
convincing  Mr.  Campbell,  with  the  assistance  of  the 
stenographer,  that  he  had  misunderstood  Judge  Den- 
ny's remark.  This  was  the  end  of  the  matter,  and 
consideration  of  the  case  was  resumed. 

Throughout  the  whole  state  of  Kentucky,  feeling 
was  so  intense  and  bitter  that  both  ex-Governor  Brown 
and  Judge  Sims,  who  was  an  anti-Goebel  Democrat, 
took  their  own  Ifves  in  their  hands  in  defending  me. 
But  they  did  not  consider  that  when  moving  in  the  per- 
formance of  their  duty. 

Ex-Governor  Brown  urged  then  and  there  that 
an  immediate  adjournment  of  the  court  be  taken  in 
order  to  protect  my  life  from  the  enraged  and  passion- 
tossed  mob. 

Mr.  James  H.  Polsgrove,  one  of  the  attorneys  for 
the  prosecution,  protested,  however,  and  asserted  that 
to  adjourn  at  that  time  would  be  a  confession  to  the 
world  that  a  court  of  Kentucky  was  "  unable  and 
unwilling  to  protect  the  prisoner."  Judge  Moore 
immediately  ruled,  in  his  characteristic  fashion,  against 
adjournment.  Turning  to  the  spectators  he  said,  in 
a  commanding  tone : 

"  You  all  sit  down  and  behave  yourselves.  If  this 
occurs  again,  I  will  put  every  one  of  you  out  of 
the  house,  and  then  you  will  be  cussin'  old  Dan 
Moore."  It  was  in  this  fashion  that  the  Court  very 
frequently  alluded  to  himself. 

Shortly  following  this  display  of  Kentucky  justice, 
the  Commonwealth  closed  its  case.  The  Court  prompt- 


MY  PRELIMINARY  HEARING          163 

ly  overruled  a  motion  for  dismissal  and  with  similar 
celerity  overruled  a  motion  to  admit  me  to  bail.  I  was, 
consequently,  remanded  to  jail.  A  battalion  of  soldiers 
under  Major  Embry  Allen,  of  Lexington,  was  thrown 
around  the  bastile. 

On  the  same  day,  Wharton  Golden's  wife  denounced 
her  husband  in  the  severest  terms.  In  a  letter  to  Will 
Hawn,  her  nephew,  she  said :  "  He  (meaning  Golden) 
has  been  drunk  or  bribed.  ...  I  would  not  be- 
lieve him  on  oath I  am  sorry, —  not  for 

Wharton ;  'tis  those  innocent  men  he  has  lied  on." 


CHAPTER  XXV 
THE  PROSECUTION'S  PLANS 

Arrest  of  Combs,  Noakes,  Youtsey  and  others  —  How  Lawyer 
Campbell  and  Arthur  Goebel  secure  a  "  confession  "  from 
Youtsey — Decision  against  Taylor  and  Marshall  — 
Report  of  the  grand  jury,  indicting  myself  and  many 
others  —  Federal  supreme  court  decides  against  the  Repub- 
licans —  Governor  Taylor's  flight  to  Indiana  —  Denuncia- 
tory Democratic  platform 

The  action  of  the  court  in  my  case  only  served,  it 
seemed,  to  whet  the  edge  of  the  public's  appetite  for 
a  similar  arraignment  and  disposition  of  other  alleged 
conspirators.  Mr.  Hazelipp,  steward  at  the  Lakeland 
Asylum,  had  been  arrested  and  charged  with  being  an 
accessory  to  Goebel's  murder.  Threats  were  now 
heard  to  arrest  Governor  Taylor.  As  the  days  passed, 
they  became  louder  and  more  persistent.  At  the  same 
time,  Richard  Combs,  alias  "  Tallow  Dick,"  and  an- 
other negro,  Mason  Hockersmith,  were  accused 
through  the  columns  of  the  public  press.  In  a  few 
days,  a  warrant  was  issued  for  the  arrest  of  Combs, 
who  surrendered  and  was  brought  to  Frankfort  and 
lodged  in  jail.  Here,  for  the  first  time,  I  met  Dick 
Combs.  Nevertheless  we  stood  formally  charged  with 
the  commission  of  the  same  crime,  he  as  principal,  I  as 
accessory. 

This  arrest  had  no  sooner  been  made,  than  it  began 
164 


THE  PROSECUTION'S  PLANS          165 

to  be  rumored  that  Robert  Noakes,  who  lived  at  Cor- 
bin,  Kentucky,  would  also  be  placed  under  arrest  and 
formally  charged  with  complicity  in  the  Goebel  mur- 
der. This  report  was  immediately  followed  by  the 
arrest  of  Henry  E.  Youtsey,  stenographer  in  the  audi- 
tor's office.  He  was  taken  into  custody  in  South 
Frankfort  and  forthwith  was  charged  with  being  a 
principal  in  the  crime. 

Youtsey  had  been  employed  as  a  stenographer  by 
Auditor  S.  H.  Stone  during  the  Bradley  administra- 
tion and  had  been  retained  in  the  office  under  the 
administration  of  Auditor  Sweeney  of  the  Taylor 
regime.  He  was  no  sooner  locked  behind  bars  than 
he  was  visited  by  Arthur  Goebel  and  Mr.  Campbell; 
in  truth,  they  were  closeted  with  him  before  even  his 
own  attorneys,  L.  J.  Crawford  and  R.  W.  Nelson, 
both  of  Newport,  Kentucky,  could  reach  his  side. 
Mr.  Campbell  wrote  out  a  confession  for  Youtsey,  im- 
plicating in  Goebel's  murder,  Governor  Taylor,  James 
B.  Howard,  of  Clay  County;  Berry  Howard,  of 
Bell  County;  "  Tallow  Dick"  Combs,  Frank  M.  Cecil, 
of  Bell  County,  and  my  brother.  This  they  induced 
Youtsey  to  sign.  For  some  reason,  he  could  not  be 
induced  to  include  my  name  in  the  list  of  those  he 
thus  directly  accused  of  Goebel's  assassination.  Ac- 
cording to  this  "  confession,"  it  was  Dick  Combs, 
Frank  Cecil,  Berry  Howard,  or  Jim  Howard  who  had 
fired  the  fatal  shot.  He  asserted,  further,  that  the 
shot  had  been  fired  from  the  office  of  the  secretary  of 
state  —  my  office  —  but  said  he  knew  nothing  against 
me. 

When  Youtsey's  attorneys  finally  reached  him,  he 
closed  up  like  a  clam  and  could  not  be  induced  to  make 


166  MY  OWN  STORY 

a  statement  of  any  kind.  At  the  same  time,  and  before 
he  knew  of  Youtsey's  confession  to  Campbell,  James 
Andrew  Scott,  a  prominent  Goebelite  lawyer,  who  had 
been  a  candidate  for  attorney-general  before  the 
famous  Music  Hall  convention,  repaired  immediately 
to  Winchester,  Kentucky,  and  there  sought  out  Judge 
C.  S.  French  and  Mr.  N.  H.  Witherspooh.  These 
were,  respectively,  the  father-in-law  and  the  brother- 
in-law  of  Youtsey.  To  these  gentlemen,  Mr.  Scott 
urged  the  necessity  and  wisdom  of  Youtsey's  turning 
state's  evidence.  It  is  said  that  he  even  went  so  far 
as  to  urge  Judge  French  and  Mr.  Witherspoon  to  "  get 
a  part  of  the  one-hundred-thousand-dollar  reward,  hang 
Taylor  and  damn  the  Republican  party." 

Both  Judge  French  and  Mr.  Witherspoon  are  men 
of  untarnished  integrity  and  high  social  standing. 
Moreover,  they  were  pronounced  Goebel  Democrats. 
But  this  fact  did  not  deter  them  from  making  public 
Mr.  Scott's  advice.  The  statement  which  they  issued 
created  a  profound  sensation,  and,  it  is  needless  to  add, 
caused  the  greatest  consternation  in  the  Goebel  ranks. 
Many  who,  up  to  this  time,  were  convinced  that  an 
honest  effort  was  being  made  to  bring  Goebel's  slayer 
to  justice,  now  began  for  the  first  time  to  question  the 
sincerity  of  the  prosecution's  purpose.  Many,  indeed, 
were  by  this  thoroughly  awakened  to  the  fact  that  the 
motive  behind  the  prosecution  was  to  "  hang  Taylor 
and  damn  the  Republican  party,"  as  Mr.  Scott  had 
stated  it,  rather  than  to  bring  the  guilty  to  justice. 

While  these  events  were  going  on  in  the  criminal 
courts  of  Kentucky,  the  civil  cases  growing  out  of  the 
dual  government  that  had  been  established  in  the  state 
remained  practically  unchanged.  It  was  evident,  how- 


THE  PROSECUTION'S  PLANS          167 

ever,  that  a  decision  in  the  matter  would  soon  be  forth- 
coming. In  fact,  but  a  short  time  elapsed  before  the 
Democratic  majority  of  the  appellate  court  of  the 
state  handed  down  a  decision  in  the  Taylor-Marshall 
litigation.  This  opinion  held  that  the  action  and  the 
decision  of  the  Legislature  were  not  subject  to  review 
in  the  state's  courts.  In  this,  two  of  the  Republican 
judges  concurred  and,  as  a  last  resort,  Taylor  and 
Marshall  obtained  a  writ  of  error  to  the  supreme  court 
of  the  United  States.  Pending  the  decision  by  this 
tribunal,  the  Republicans,  of  course,  continued  to  hold 
possession  of  the  offices. 

In  the  meantime,  events  were  progressing  rapidly 
in  the  other  line  of  court  procedure.  The  Franklin 
circuit  court,  that  haven  of  Goebelism,  began  one  of  its 
sessions  on  April  second,  with  Judge  James  E.  Cantrill 
presiding.  Toward  this  the  eyes  of  the  whole  state 
were  at  once  turned.  Here  the  investigation  by  the 
grand  jury  would  begin,  and  here,  also,  the  grand 
jury  would  deliver  its  report,  formally  rinding  indict- 
ments against  those  charged  with  the  murder  of  Mr. 
Goebel  or  dismissing  them  from  custody. 

The  political  complexion  of  this  grand  jury  was,  as 
a  matter  of  course,  of  much  concern ;  for  it  was  clearly 
obvious  that  the  political  sentiments  of  its  members 
would  in  no  little  measure  influence  their  deliberations. 
It  was  not  surprising,  therefore,  to  discover  that,  when 
it  was  finally  selected,  ten  of  its  twelve  members  were 
Goebel  Democrats.  The  two  Republicans  who  had 
been  permitted  place  in  the  body  composed  an  inef- 
fective minority,  as  the  concurrence  of  nine  jurors  is 
sufficient  for  the  return  of  an  indictment. 

A  few  days  after  it  was  impaneled,  the  grand  jury 


i68  MY  OWN  STORY 

filed  slowly  into  the  court-room  and  handed  the  clerk 
of  the  court  a  number  of  indictments.  For  days  this 
action  had  been  patiently  awaited  by  residents  in  every 
section,  every  nook  and  corner  of  the  state  of  Ken- 
tucky. It  was  thought  that  now  the  public  would  be 
informed  of  the  names  of  those  against  whom  indict- 
ments had  been  found.  Despite  the  fact  that  the  find- 
ing of  the  grand  jury  is  a  matter  of  public  record, 
the  public,  in  this  instance,  was  to  know  no  more  after 
the  filing  of  the  report  than  it  knew  before.  Judge 
Cantrill  immediately  took  possession  of  the  bunch  of 
indictments,  deposited  them  in  his  coat  pocket  and, 
leaning  comfortably  back  in  his  chair,  smiled  broadly. 
These  indictments  remained  secret  until  April 
seventeenth,  when  their  contents  were  made  public. 
Then  the  fact  was  disclosed  that  five  men  had  been 
charged,  formally  and  officially  by  the  grand  jury,  with 
the  murder  of  Goebel.  Indictments  were  found  against 
these  men  as  principals.  They  were:  Holland  Whit- 
taker,  of  Butler  County ;  Berry  Howard,  of  Bell  Coun- 
ty; Henry  E.  Youtsey,  of  Campbell  County;  James 
B.  Howard,  of  Clay  County,  and  "Tallow  Dick" 
Combs,  of  Lee  County.  The  following  were  indicted 
as  accessories  before  the  fact :  W.  H.  Culton,  of  Lee 
County,  ex-clerk  in  the  auditor's  office;  F.  Wharton 
Golden,  of  Knox  County,  a  teamster;  my  brother, 
John  L.  Powers,  and  myself,  both  of  Barboursville, 
Knox  County.  The  grand  jury  further  reported  that, 
in  its  opinion,  W.  S.  Taylor,  of  Butler  County;  Cap- 
tain John  Davis,  policeman  of  Capitol  Square;  Green 
Golden,  of  Knox  County,  cousin  of  Wharton  Golden, 
and  others  unknown  and  unnamed,  were  accessories. 
It  reported,  also,  that  there  were  other  principals,  in 


THE  PROSECUTION'S  PLANS          169 

its  opinion,  whose  identity  was  unknown.  Against 
those  named  as  accessories  in  this  indefinite  manner, 
no  indictments  were  returned  at  this  time,  but,  before 
the  final  adjournment,  true  bills  were  brought  against 
Taylor  and  the  others,  formally  charging  them  with 
being  accessories  as  I  was  charged. 

Mr.  Hazelipp  was  not  indicted,  and  both  he  and  a 
Mr.  Sutton,  then  sheriff  of  Whitley  County,  Kentucky, 
who  had  been  arrested  also  on  a  charge  of  complicity 
in  the  murder,  were  immediately  released  from  cus- 
tody. The  action  of  the  grand  jury  in  returning  a  true 
bill  against  Governor  Taylor  was  not  made  public;  no 
one  knew  that  such  action  had  been  taken,  save  those 
who  had  attached  their  names  to  the  finding  and  the 
court  officials,  whose  position  made  it  incumbent  upon 
them  to  know.  Taylor,  therefore,  continued  to  dis- 
charge his  duties  as  chief  executive,  unconscious  of  the 
official  and  formal  charge  that  hung  over  him.  No  at- 
tempt was  made  to  arrest  him  and  he  had  no  know- 
ledge then  that  anything  more  serious  awaited  him  than 
the  decision  of  the  United  States  supreme  court,  which 
was  expected  shortly. 

Those  under  indictment  who  had  not  been  arrested, 
besides  Taylor,  were  Charles  Finley,  who  was  in  In- 
diana ;  John  L.  Powers,  who  was  at  his  home  in  Knox 
County;  Berry  Howard,  who  was  at  his  home  in  Bell 
County;  Wharton  Golden,  who  was  under  the  surveil- 
lance and  protecting  care  of  Mr.  Campbell ;  and  James 
Howard,  who  was  at  his  home  in  Clay  County. 

I  was,  it  seemed,  the  only  one  in  custody  at  this  time 
upon  whom  the  prosecution  intended  to  pour  the  vials 
of  wrath.  I  was,  therefore,  determined,  if  possible,  to 
have  my  trial  held  in  a  county  as  remote  from  the 


i;o  MY  OWN  STORY 

angry  passions  of  Franklin  County,  the  unfriendly 
Franklin  circuit  court  and  its  partizan  judge,  as  was 
within  my  power.  My  attorneys,  consequently,  sought 
for  and  obtained  a  change  of  venue,  but  they  did  not 
succeed  in  having  my  case  transferred  to  another 
judicial  circuit.  My  case  was  taken  to  Scott  County, 
but  Judge  Cantrill  presided  on  the  bench  here  as  in 
Franklin  County,  and  the  prosecutor,  Mr.  Franklin, 
was  the  same.  Apparently  neither  of  these  two  pro- 
posed to  relinquish  the  opportunity  that  my  case 
seemed  to  present  to  further  their  political  ambitions  by 
placing  themselves  in  the  lime-light  before  the  state 
Democracy.  In  truth,  I  gained  but  little;  for  Scott 
County  is  the  home  of  Judge  Cantrill,  and  also  of  his 
son,  J.  Campbell  Cantrill,  an  active  Goebel  partizan  and 
politician.  It  was  apparent  that  the  atmosphere  of  the 
court  in  this  county  would  be  as  fully  charged  with 
Cantrillism  as  that  of  Franklin  County.  The  die  was 
cast,  however,  and  my  case  was  set  for  trial  on  the 
ninth  of  July.  The  cases  of  Holland  Whittaker, 
Henry  E.  Youtsey,  Captain  John  Davis  and  Dick 
Combs  were  also  taken  on  change  of  venue  to  this  same 
county,  and  we  were  all,  therefore,  transferred  without 
further  delay  to  the  jail  at  Georgetown,  the  county  seat. 
W.  H.  Culton  had  been  granted  immunity  by  the  prose- 
cution in  exchange  for  his  testimony  and  he  was  not 
deprived  of  his  liberty. 

On  April  thirtieth,  1900,  the  Taylor-Beckham  case 
was  argued  before  the  United  States  supreme  court, 
and,  nearly  a  month  later,  on  May  twenty-first,  Chief 
Justice  Melville  Fuller  read  the  majority  opinion  of 
the  tribunal.  It  found  that  the  court  had  no  jurisdic- 
tion in  the  litigation.  Those  to  whom  this  decision 


THE  PROSECUTION'S  PLANS          171 

gave  victory  were  wild  with  delight.  Those  who  felt 
the  sting  of  defeat  in  its  finding  were  discouraged 
beyond  all  measure.  They  had  fought  a  good  fight 
for  civil  liberty  in  Kentucky,  had  witnessed  the  sacred 
rights  of  the  people  trampled  into  dust,  had  beheld  the 
courts  of  justice  of  the  state  reduced  to  subservience 
to  a  powerful  political  party,  had  sought  in  vain  for 
some  blessed  spot  on  Kentucky's  soil  where  the  wrongs 
of  the  people  might  be  righted,  and,  in  despair,  had  at 
last  centered  all  their  hopes  on  the  supreme  court  of 
the  United  States.  The  decision  brought  them  addi- 
tional despair. 

Governor  Taylor,  on  the  day  the  opinion  was  handed 
down,  was  in  Louisville,  under  the  surveillance  of  a 
detective  who  held  a  warrant  for  his  arrest,  although 
even -up  to  this  time  the  indictment  against  him  was 
a  profound  secret.  If  the  United  States  court's  de- 
cision had  been  favorable  to  his  cause,  it  is  prob- 
able that  the  warrant  would  never  have  been  ordered 
served,  but  the  moment  that  it  was  learned  the  opinion 
favored  Beckham,  Goebel's  heir,  the  detective  was 
instructed  to  serve  it  without  delay. 

Taylor,  when  the  news  of  the  court's  decision 
reached  him,  immediately  telegraphed  Adjutant-Gen- 
eral D.  R.  Collier  at  Frankfort  to  dismiss  the  militia, 
which  had  been  for  so  many  weary  months  on  guard  at 
the  State  House,  and  turn  everything  over  to  Mr. 
Beckham.  This  done,  Taylor  stepped  into  a  carriage, 
was  driven  at  once  over  the  river  into  Jeffersonvilje, 
Indiana,  successfully  eluding  the  watchful  eyes  of  the 
sleuths  who  had  been  tracking  him.  From  that  mo- 
ment he  bcame  an  exile  from  his  native  state  —  a  lot 
that  has  been  the  portion  of  many  who  have  tried  to 


172  MY  OWN  STORY 

live  for  society,  truth  and  justice  when  mad  riot  raged 
unchecked. 

During  much  of  this  time,  because  of  the  unsettled 
condition  of  affairs,  the  auditor  of  state  had  refused  to 
pay  out  any  of  the  public  moneys.  I  had,  however, 
paid  all  my  own  expenses,  the  salaries  of  the  two  clerks 
I  employed  in  my  office  and  my  assistant.  I  felt  that 
it  was  due  the  people,  who  had  given  me  the  office, 
to  maintain  it  as  best  I  could  until  the  confusion  was 
ended.  Now,  however,  I  felt  that  the  crisis  in  my 
own  affairs  had  come.  I  was  in  jail,  my  office  was 
virtually  gone,  my  expenses  were  heavy,  and  the  end 
of  my  purse  was  not  far  distant.  Taylor  and  Finley 
were  secure  from  arrest  in  Indiana,  where  Governor 
Mount  had  refused  to  honor  a  requisition  for  the  re- 
turn of  Finley  to  Kentucky,  thus  assuring  likewise  the 
safety  of  Taylor;  and,  in  short,  I  alone  was  left  be- 
hind to  carry  the  weight  of  their  alleged  sins  and  bear 
the  brunt  of  an  unequal  battle.  The  enemies  of  Taylor 
and  Finley  at  once  denounced  them  as  "  guilty  fugitives 
from  justice." 

The  flood-gates  of  hatred,  malice  and  revenge  were 
thrown  open  by  the  Democratic  press.  Every  effort 
was  made  that  shrewd  minds  could  devise  to  influence 
public  sentiment  against  me.  Every  incident,  no 
matter  how  trivial,  that  could  in  the  least  be  inter- 
preted as  incriminating,  was  magnified,  commented  on 
and  added  to,  while  anything  that  pointed  to  my  inno- 
cence, no  matter  with  what  force  or  conviction,  was 
carefully  suppressed.  Not  only  did  the  Democrats 
control  the  most  influential  newspapers  of  the  state, 
but  they  controlled,  also,  the  courts.  They  looked 
upon  my  conviction  as  a  political  necessity  and  con- 


THE  PROSECUTION'S  PLANS          173 

sequently  entered  the  fight  against  me  to  win  at  all 
hazards,  staking  their  fortunes  and  their  all  upon  the 
outcome. 

To  make  it  even  more  certain  that  my  conviction 
would  be  secured,  the  Democrats,  in  nominating  Mr. 
Beckham  for  governor,  had  the  following  plank  in- 
serted in  their  platform : 

"  We  declare  to  the  world  that  the  mob  and  the 
assassin  shall  not  be  the  arbitrator  of  the  rights  of  the 
citizens  of  Kentucky,  nor  shall  the  penalty  of  an  ap- 
peal to  the  law  and  the  regularly  constituted  authori- 
ties be  death  at  the  hands  of  the  assassin.  Law  and 
order  must  and  shall  prevail  in  Kentucky. 

"  We  present  to  the  people  of  Kentucky  the  pic- 
ture of  an  army  of  intimidation,  unlawfully  quartered 
in  the  public  buildings  of  the  state ;  a  state  senator,  in 
the  discharge  of  his  duty  to  the  state,  stricken  down 
by  an  assassin's  bullet  fired  from  ambush  in  the  Execu- 
tive Building,  then  occupied  by  his  political  adversary, 
who  hoped  to  profit  by  his  death ;  that  adversary 
filling  and  surrounding  the  building  with  armed 
men,  instructed  to  defy  the  civil  authorities  and  pre- 
vent search  for  the  assassin ;  the  same  political  adver- 
sary and  Republican  pretender  by  force  dissolving  the 
Legislature  to  meet  in  a  veritable  slaughter-pen  for 
the  Democratic  members,  driving  its  members  through 
the  streets  of  Frankfort  at  the  point  of  the  bayonet, 
forcibly  preventing  the  Legislature  from  meeting  in 
its  lawful  and  proper  place ;  keeping  armed  rioters  and 
disorderly  men  under  the  very  window  where  lay 
dying  the  assassin's  victim;  aiding  with  the  soldiery 
those  lawfully  accused  of  capital  crimes  to  flee  from 
justice. 


174  MY  OWN  STORY 

"  We  earnestly  invite  the  support  by  voice  and  vote 
of  every  sincere  lover  of  civil  and  personal  liberty  to 
join  with  us  in  this  campaign  against  the  forces  gath- 
ered under  the  banner  of  the  government  of  assassina- 
tion. The  true  manhood  of  Kentucky  can  not  and  will 
not  indorse  assassination  in  office,  and  we  appeal  to 
every  Democrat  and  every  good  citizen  of  Kentucky 
to  unite  with  the  Democratic  party  and  thus  express 
his  detestation  of  foul  crime." 

Under  such  vituperative  denunciations  as  these,  is  it 
any  wonder  that  I  was  hated  before  I  was  seen,  con- 
demned before  I  was  heard?  What  further  proof  is 
needed  that  my  conviction  was  an  absolute  political 
necessity?  It  was,  in  short,  cold-blooded  expediency 
that  drove  them  to  my  prosecution  and  goaded  them 
on  throughout  its  tortuous  courses. 

A  failure  to  convict  me  was  considered  to  be  so 
fraught  with  danger  and  disaster  to  the  Goebel  fol- 
lowers and  political  heirs  that  the  highest  Democratic 
authority,  a  state  convention,  was  moved  to  issue  a 
mandate  to  the  Democratic  judge  who  was  to  preside 
at  the  trial,  to  the  Democratic  sheriff  who  was  to  sum- 
mon the  jurors,  to  the  Democratic  clerk  and  the 
Democratic  citizens,  some  of  whom  would  compose  the 
jury  that  would  hear  my  case,  that  there  must  be  a 
finding  and  a  verdict  of  guilty.  This  was  the  party's 
necessity. 

But  this  was  not  all.  There  were  other  reasons  for 
conviction,  other  things  at  stake  besides  Democratic 
success  at  the  polls.  Those  Democrats  directly  in- 
terested in  my  prosecution,  as  well  as  many  Democrats 
throughout  the  state  from  the  incumbents  of  the  high- 
est offices  to  the  most  insignificant  witness,  as  well  as 


THE  PROSECUTION'S  PLANS          175 

a  host  of  Democratic  office-seekers,  beheld  avenues 
of  political  preferment  opening  before  them  in  re- 
turn for  their  services  in  proclaiming  my  guilt,  and 
in  the  eyes  of  some  Republicans  as  well  as  Democrats, 
glittered  the  gold  of  the  one-hundred-thousand-dollar 
bribe-money  fund.  What  an  inducement  to  offer  for 
needed  proof !  What  a  lever  to  use  in  the  production 
of  damning  evidence !  The  sober-minded  of  all  parties 
expected  high  tides  in  the  streams  of  perjury,  as  well 
as  that  perjurers  would  be  procured  by  those  whose 
duty  it  was  to  prosecute  them.  In  the  face  of  all  this, 
for  what  could  I  hope?  What  could  I  expect? 


CHAPTER  XXVI 

REPUBLICANS  BARRED 

My  first  trial  before  Judge  Cantrill  —  Selection  of  a  partizan 
jury  —  Disregard  of  the  law  for  the  purpose  of  insuring 
conviction  —  Campbell's  statement  in  behalf  of  the  prose- 
cution 

As  the  town  clock  struck  nine  on  the  morning  of 
July  ninth,  1900,  I  was  pacing  up  and  down  the 
narrow  corridors  of  the  Georgetown  jail.  This  was 
the  day  set  for  my  trial,  and  I  was  thinking  deeply  of 
the  ordeal  through  which  I  was  soon  to  pass.  I  real- 
ized as  never  before  that  hate  and  misunderstanding  are 
stubborn  things  to  reckon  with,  but  the  old  saying, 
that  men  who  complain  of  them  are  yet  in  the  kinder- 
garten class,  came  dancing  forth  from  the  chambers 
of  my  dizzy  brain,  and  I  concluded  then  that  the  safer, 
saner  way  would  be  neither  to  flee  to  my  troubles  nor 
drag  them  about  with  me. 

The  call  of  the  sheriff  informed  me  that  it  was  time 
to  appear  in  the  court-room.  In  the  custody  of  three 
deputies  the  trip  was  quickly  made.  As  I  entered,  I 
was  at  once  struck  by  the  fact  that  all  the  women  in 
the  audience  were  seated  on  the  prosecution's  side  of 
the  room.  Some  even  occupied  chairs  within  the  bar 
proper.  This  I  could  not  understand,  for  I  recog- 
nized among  them  some  of  my  best  friends.  I  was 
afterward  informed  that  this  arrangement  was  made 

176 


REPUBLICANS  BARRED  177 

by  order  of  the  court.  Evidently  this  was  for  the 
purpose  of  making  it  seem  to  the  jury  and  the  public 
that  I  was  utterly  without  sympathy;  that  even  the 
women  of  the  state  had  entered  the  arena  to  cry  aloud 
for  my  blood. 

Judge  Cantrill,  with  flowing  side-whiskers,  bald 
head  and  an  athletic  stature,  sat  upon  the  bench.  I 
was  the  object  of  every  one's  gaze.  From  every  corner 
of  the  court-room  men  and  women  adjusted  their 
glasses  the  better  to  inspect  me.  The  indelicacy  —  aye, 
the  brutality  —  of  it  all  I  observed,  and  it  seemed  to 
freeze  me  to  the  marrow  of  my  bones. 

Out  of  one  hundred  and  seventy-nine  witnesses  sum- 
moned for  the  defense,  only  five  were  present.  It  was 
evident  that,  under  such  circumstances,  stripped,  as  I 
was,  of  means  to  establish  my  innocence,  I  could  not 
go  to  trial.  The  only  thing  to  do,  therefore,  was  to 
announce  that  I  was  not  ready  for  trial.  Judge  Can- 
trill,  however,  ruled  that  the  trial  should  proceed, 
and  in  lieu  of  a  continuance,  he  tendered  me  the  com- 
pulsory process  of  his  court  for  the  purpose  of  securing 
the  attendance  of  my  witnesses  —  a  process  to  which, 
according  to  the  Constitution  of  Kentucky,  every  man 
accused  of  crime  is  entitled.  It  was  obvious  that,  if 
I  failed  to  secure  the  attendance  of  my  witnesses,  the 
Court  wished  the  public  to  understand  that  he  had 
done  all  in  his  power  to  assist  me,  and  that  he  could 
not  be  held  accountable  for  their  failure  to  appear. 

The  examination  of  jurors  soon  exhausted  the  regu- 
lar panel  of  twenty-four,  and  the  court,  over  the  vigor- 
ous protest  of  the  defense,  ordered  the  sheriff  of  the 
county  to  summon  one  hundred  bystanders,  residents 
of  Scott  County,  for  jury  service. 


178  MY  OWN  STORY 

According  to  the  law,  as  the  court  of  appeals  later 
held,  the  jury- wheel  should  have  been  exhausted  be- 
fore these  bystanders  were  summoned.  The  names 
in  the  wheel  had  been  placed  there  in  October,  1899, 
four  months  before  Senator  Goebel  was  murdered. 
At  that  time  some  three  hundred  were  so  placed  in  the 
wheel.  There  was  not,  at  that  time,  any  motive  for 
"  packing  "  any  jury  that  might  be  drawn  during  the 
succeeding  terms  of  court ;  and  that  the  regular  jury- 
wheel  was  not  so  packed  is  clearly  shown  by  the  fact 
that  of  the  twenty-four  regularly  impaneled  talesmen, 
who  were  excused  from  service,  some  were  Republi- 
cans and  some  Independent  Democrats.  The  prose- 
cution, it  is  evident,  very  quickly  decided  that,  if  the 
remaining  names  in  the  regular  jury-wheel  when  drawn 
would  assemble  such  a  body  of  men,  politically  consid- 
ered, as  the  twenty-four  men  just  excused,  it  would  be 
far  better  to  have  nothing  whatever  to  do  with  the 
remaining  names  in  the  jury-wheel.  In  other  words, 
out  of  the  names  remaining  in  the  wheel  a  jury  might 
be  selected  that  would  accord  me  something  like  a  fair 
trial ;  or  the  verdict  it  might  render  would  be  its  own 
inability  to  agree,  and,  in  such  an  event,  I  would  be 
entitled  to  my  freedom  on  bail,  pending  a  second  trial. 
A  divided  jury  likewise  would  do  much  to  convince 
the  public  of  my  innocence.  Such  a  possibility, 
the  prosecution  had  firmly  determined,  should  be 
avoided  at  all  hazards. 

The  sheriff  and  his  deputies  —  all  Goebelite  office- 
holders—  proceeded  to  the  rock-ribbed  Democratic 
voting  precinct  of  Stonewall  to  get  them.  Its  citizens 
were  more  rural,  more  reliably  Democratic  than  those 
of  any  other  portion  of  the  county.  It  was  among 


REPUBLICANS  BARRED  179 

such  that  rankled  the  fiercest  hatred  for  those  charged 
with  the  Goebel  murder.  Illiteracy,  narrow-minded- 
ness and  Democratic  reliability  were  the  qualifications 
for  jury  service  sought  for  by  the  prosecution  in  my 
case.  It  is  said  that  supposed  fruit  vendors  and  stock 
traders  had  gone  through  that  section  of  the  county 
from  which  the  prospective  jurymen  were  summoned, 
and  that  their  feelings  in  regard  to  my  alleged  guilt 
were  fully  known  before  they  were  summoned.  When 
the  men  arrived,  Judge  Cantrill,  who  was  a  bosom 
friend  of  Senator  Goebel's  during  his  life-time,  deliber- 
ately left  the  bench  and  walked  around  where  the 
special  venire  sat,  and  —  before  any  oath  had  been  ad- 
ministered to  them  —  began  to  question  the  men  in  a 
tone  inaudible  to  any  except  those  in  the  vicinity  of  the 
questioned  and  questioner.  After  an  investigation 
which  seemed  to  be  satisfactory  to  himself,  he  ex- 
cused those  who,  in  his  judgment,  did  not  come  up  to 
the  requirements  of  the  case.  Not  a  single -lawyer  for 
the  defense  was  requested  by  the  judge  to  be  present 
during  this  strange  and  unprecedented  proceeding,  and 
none  of  them  was  present. 

Those  who  have  ever  given  thought  to  jury  trials 
know  that  the  selection  of  the  jury  is  of  the  utmost 
importance.  If  the  jury  is  packed  or  bribed,  evidence, 
innocence,  justice  —  nothing  affects  a  prearranged  ver- 
dict. A  bribed  jury  is  blind  to  everything  except  the 
glitter  of  gold;  one  packed,  deaf  to  all  alike  except 
the  crackle  of  the  fires  of  hatred  and  revenge.  By 
some  strange  oversight,  the  laws  of  Kentucky  (see 
Criminal  Code,  Sec.  281),  provide  that  the  rulings 
and  decisions  of  the  trial  court,  in  the  selection  and 
formation  of  the  jury,  are  not  subject  to  exceptions 


i8o  MY  OWN  STORY 

and  review  by  any  higher  court.  Judge  Cantrill  knew 
that  his  decisions  in  the  examination  of  the  talesmen, 
while  unprecedented,  would  not  be  reviewed  by  the 
court  of  appeals. 

Twelve  Democrats  sat  in  the  jury-box  to  try  me  for 
my  life.  Mr.  J.  C.  Porter,  one  of  the  jurymen,  had 
been  extensively  advertised  as  a  Republican.  This  was 
a  mistake.  Mr.  Porter  is  not  now,  and  never  has  been 
a  Republican.  His  family  connections,  his  wife's 
father,  brothers,  relatives,  are  Democrats.  His  Democ- 
racy and  regularity  in  voting  the  straight  Democratic 
ticket  were  never  questioned  until  1896,  when  he  voted 
for  McKinley.  There  was  not,  therefore,  a  single  Re- 
publican on  the  jury  which  tried  me  for  my  life.  As 
soon  as  representatives  of  the  Commonwealth  were  ap- 
prised of  the  fact  that  Porter,  upon  one  occasion,  had 
failed  to  support  the  Democratic  ticket,  they  came  to 
the  defense  and  urged  that  it  should  agree  for  Porter 
to  be  excused  from  jury  service,  on  the  ground  of 
lunacy,  claiming  that  he  was  not  in  his  right  mind. 
To  this  the  defense  would  not  agree,  and  the  jury 
remained  as  accepted.  This  alarmed  the  prosecution. 
It  had  been  represented  to  it  that  Porter  was  a  Demo- 
crat, true  and  tried.  It  was  a  "  fake,"  so  something 
must  be  done.  Something  was  done.  Subsequent 
pages  will  show  the  corrupt  influences  brought  to  bear 
upon  Porter. 

Judge  Cantrill  decided  invalid  the  Taylor  pardon  to 
me,  and  Mr.  Campbell  stated  the  case  for  the  prosecu- 
tion and  declared  that  the  Commonwealth  proposed  to 
prove  that  Mr.  Goebel  came  to  his  death  as  a  result  of  a 
monstrous  Republican  conspiracy;  that  I  was  one  of 
the  conspirators ;  that  the  bringing  of  the  mountaineers 


REPUBLICANS  BARRED  181 

to  Frankfort  on  January  twenty-fifth,  1900,  was  a  part 
of  that  conspiracy;  that  the  fatal  shot  was  fired  from 
the  office  of  the  secretary  of  state ;  that  this  fact  further 
connected  me  with  the  conspiracy;  and,  finally,  that 
the  militia  was  called  out  immediately  after  the  shoot- 
ing for  the  purpose  of  protecting  the  conspirators  from 
arrest  and  insuring  the  escape  of  the  principals.  A 
glance  at  these  assertions  will  at  once  disclose  the  fact 
that  they  are  practically  identical  with  the  charges 
made  by  the  Goebel  politicians  on  the  day  that  Goebel 
received  his  mortal  wound. 

Nothing  sensational  had  developed  during  the  first 
week  of  the  trial,  aside,  of  course,  from  the  farce  con- 
nected with  the  selection  of  the  jury.  During  these 
six  days,  however,  it  was  made  clear  to  me  what  in- 
fluences were  engaged  in  the  battle  against  me.  The 
garbled  reports  printed  in  the  Democratic  newspapers ; 
their  efforts  to  prejudice  the  public  generally  against 
me ;  the  swarm  of  witnesses  who  were  hovering  about 
the  distributers  of  the  reward  fund ;  the  liberty  on  the 
streets  of  certain  alleged  co-conspirators,  the  attitude 
of  the  Court  toward  my  attorneys ;  his  failure  to  recog- 
nize them  on  the  streets;  his  fining  them  in  court 
upon  the  slightest  provocation  and  forcing  them  to 
pay  the  fine  immediately  or  go  to  jail ;  his  undisguised 
contempt  and  hatred  for  me ;  the  eagerness  with  which 
the  jury  seemed  to  devour  the  prosecution's  evidence; 
the  manifest  unfairness  that  prevailed,  seemingly,  ev- 
erywhere —  all  these  and  many  other  things  almost  too 
numerous  to  mention  served  to  increase  my  despair  and 
convince  me  more  firmly  than  ever  that  I  could  expect 
nothing  but  conviction  in  the  end. 

The  conspiracy  charge  at  that  time  was  a  mere  legal 


182  MY  OWN  STORY 

fiction,  nor  has  its  status  improved  with  the  passing  of 
the  years.  Under  it  the  rules  governing  the  introduc- 
tion and  exclusion  of  evidence  were  extremely  loose 
and  pliable ;  they  gave  the  prosecution  almost  unlimited 
advantages.  Such  an  indictment  made  it  possible  for 
the  prosecution  to  introduce  scraps  of  conversations,  re- 
marks overheard  here  and  there,  sentences  separated 
entirely  from  all  their  surroundings,  isolated  and  made 
pregnant  with  meaning  never  intended.  Acts  and  dec- 
larations of  unknown  and  unidentified  persons,  where 
the  witness  could  by  the  most  elastic  use  of  his  imagina- 
tion connect  them  with  some  phase  of  the  alleged  con- 
spiracy, were  all  admitted  as  evidence.  Even  the 
statements  made  by  hot-headed  fanatics  during  the 
campaign  were  permitted  to  go  before  the  jury.  The 
whole  procedure  was  marked  with  hatred  and  was  di- 
rected by  the  blindest  partizan  prejudice.  In  short, 
the  court-room  was  converted  into  a  medium  for  the 
exploitation  of  the  violent  statements  and  recrimina- 
tions of  a  political  campaign  that  has  never  been  sur- 
passed in  point  of  bitterness  in  the  history  of  the 
human  race. 


A  POLITICAL   NECESSITY 

Trained  witness  for  the  Commonwealth  —  George  F.  Weaver's 
sensational  statement  in  regard  to  the  shooting  of  Senator 
Goebel  —  Indictment  for  perjury,  but  no  prosecution  — 
Finley  Anderson's  false  testimony 

During  this  time,  the  Goebel  press  continued  to  goad 
its  readers  to  greater  indignation  against  me  and  in- 
duced, in  a  great  measure,  the  hatred  that  has  pursued 
me.  It  seemed  fairly  to  exhaust  itself  in  an  effort  to 
make  out  of  my  trial  all  the  capital  possible,  for  use 
during  the  approaching  fall  campaign. 

The  Honorable  John  W.  Yerkes,  of  Danville,  had 
been  nominated  by  the  Republican  party  for  the  office 
of  governor.  He  went  before  the  people  on  a  platform 
declaring  that  the  courts  of  Kentucky,  under  the  guid- 
ance of  their  Democratic  dictators,  were  organized 
"  not  for  trial  but  to  convict."  The  platform  on  which 
his  opponent,  the  Honorable  J.  C.  W.  Beckham,  stood, 
has  already  been  quoted.  The  guilt  or  innocence  of 
the  men  charged  with  Goebel's  murder,  therefore, 
formed  the  issue  of  the  campaign.  It  was,  in  truth, 
the  bone  of  contention.  Strange  issues,  indeed,  be- 
tween two  great  political  parties  in  a  contest  for  a  gov- 
ernorship ;  but  stranger  still  that  such  a  political  issue 
should  be  fought  out  in  a  court  of  justice,  where  the 
life  of  a  human  being  was  at  stake.  Is  it  any  wonder, 
183 


184  MY  OWN  STORY 

under  such  circumstances,  that  a  temple  of  justice 
should  be  transformed  into  a  forum  for  the  exploita- 
tion of  the  angry  passions  of  the  fiercest  and  most  bit- 
ter campaign  and  contest  for  state  offices  known  to 
any  American  Commonwealth?  It  would  have  been 
less  than  human  if  my  guilt  or  innocence  had  not 
been  lost  sight  of  in  such  a  struggle  for  political  ad- 
vantage. 

A  statement  in  the  Lexington  Herald  at  this  time 
throws  additional  light  on  the  situation.  It  was  inde- 
pendent Democratic  in  its  editorial  utterances  and  had 
this  to  say :  "  A  conviction  is  a  political  necessity.  The 
present  leadership  has  staked  its  fortunes  on  this  con- 
viction." 

Three  entire  weeks  were  consumed  by  the  prosecu- 
tion in  submitting  its  evidence.  It  is  hardly  necessary 
to  add  that,  during  this  time,  the  Goebel  press  was  ex- 
erting a  most  baneful  influence  on  my  trial.  It  found 
plenty  of  fuel  with  which  to  feed  its  fire  of  abuse  and 
vituperation ;  for  the  Commonwealth  devoted  much 
of  this  time  to  the  examination  of  its  five  brilliant  and 
dazzling  star-witnesses  upon  whose  testimony  it  relied 
almost  entirely  for  a  conviction. 

Three  of  these,  Wharton  Golden,  W.  H.  Culton, 
and  Robert  Noakes,  stood  formally  accused  of  com- 
plicity in  the  murder  and  were  offering  their  testi- 
mony now  in  exchange  for  immunity.  It  can  be  easily 
imagined,  therefore,  that  their  testimony  was  of  espe- 
cial value  to  the  Goebel  newspapers.  The  other  two, 
Finley  Anderson  and  George  F.  Weaver,  were  offering 
their  testimony  not  because  of  coJd-blooded  expediency, 
but  for  a  consideration  of  cool  dollars  and  cents.  Of 
the  "  Five  Invincibles,"  as  these  were  banteringly 


A  POLITICAL  NECESSITY  185 

termed  by  some  at  the  time,  only  one  (Wharton  Gold- 
en) remains  in  the  service  of  his  coachers  and  em- 
ployers. Weaver,  Noakes  and  Anderson  are  now  pub- 
licly-known perjurers.  Noakes  confessed  his  perjury, 
Anderson  made  an  affidavit  to  his,  and  Weaver  was  in- 
dicted for  his.  Culton,  after  serving  the  prosecution 
faithfully  for  a  number  of  years,  finally  forged  a  num- 
ber of  witness  claims  against  the  state  and  forthwith 
fled  to  parts  unknown  to  escape  arrest  and  prosecution. 

Of  all  these,  Mr.  Campbell  was  the  trainer.  He 
coached  and  examined  all,  and  demanded  the  credit 
therefor  except  in  the  case  of  Weaver,  who  made  such 
a  miserable  showing  that  Mr.  Campbell,  feeling  his 
professional  pride  assailed,  disavowed  all  knowledge 
of  this  witness  and  declared  that  he  had  never  seen 
Weaver  until  a  few  moments  before  he  was  placed  on 
the  witness-stand.  Weaver,  however,  should  not  be 
too  strongly  censured  for  his  failure,  for,  in  truth,  he 
added  some  needed  testimony. 

When  his  name  was  called,  I  saw  emerge  from  the 
waiting-room  a  man  a  little  below  the  average  in 
height,  and  much  above  the  average  in  weight.  He 
looked  very  much  as  though  he  were  a  care-free  mem- 
ber of  the  eat-drink-and-be-merry  class  of  human  be- 
ings. 

Upon  his  appearance,  the  attorneys  for  the  prosecu- 
tion stirred  excitedly  in  their  seats,  and  exchanged 
significant  glances.  Their  attitude  indicated  that  a 
genuine  sensation  was  about  to  be  sprung.  The  ex- 
pectancy communicated  itself  to  the  spectators  and 
they  craned  their  necks  to  see  him.  The  witness,  in 
the  midst  of  this,  took  his  seat  on  the  witness-stand 
and  immediately  plunged  into  his  story.  He  said  that 


i86  MY  OWN  STORY 

his  home  was  in  Denver,  Colorado,  and  that  he  was  in 
Frankfort,  Kentucky,  on  January  thirtieth,  1900,  leav- 
ing there  for  Louisville  at  noon  that  same  day. 

Question. —  Where  were  you  when  Goebel  was  shot  ? 

Answer. —  I  was  walking  down  the  street  by  what  I 
suppose  is  the  Capitol  building. 

He  then  proceeded  to  declare  that  he  had  never 
been  in  Frankfort  before  and  was  not  acquainted 
with  the  city  or  its  streets.  He  knew,  however,  that 
he  was  on  the  inside  of  Capitol  Square,  and  in  front 
of  the  Executive  Building.  He  stated  emphatically 
that  he  remembered  with  distinctness  his  exact  position 
when  the  shot  was  fired.  He  declared  that  he  was  at  a 
point  on  the  west  side  of  the  pavement,  opposite  a 
hackberry  tree,  walking  in  the  direction  of  the  gate; 
that  he  turned  round  quickly  on  hearing  the  shot, 
looked  toward  the  building,  and  saw  "  what  he  took  to 
be  a  man's  hand,  something  like  in  that  position  (indi- 
cating) on  a  gun-barrel,  taking  it  back  into  the  win- 
dow." He  said  that  what  he  witnessed  occurred  in  one 
of  the  windows  of  the  office  of  the  secretary  of  state, 
and  that,  to  the  best  of  his  recollection,  it  was  the  win- 
dow in  the  southwest  corner  of  the  office.  He  said  that 
he  saw  some  persons  and  the  man  who  had  been 
wounded  by  the  shot  near  the  fountain,  and  that,  paus- 
ing but  a  moment,  he  quickly  passed  out  of  the  gate 
and  went  his  way. 

From  the  viewpoint  of  the  prosecution,  the  testi- 
mony of  this  witness  was  the  most  crushing  and  dam- 
aging of  any  that  had  been  offered.  He  had  estab- 
lished the  claim  of  the  Commonwealth  that  the  shot 
which  killed  Goebel  had  been  fired  from  the  window 
of  the  office  of  the  Republican  secretary  of  state. 


Holland  Whittaker 
Henry  E.  Youtsey 
Berry  Howard 


Robert  Xoakes 
Captain  John  Davis 
James  B.  Howard 


SOME  OF  THE  OTHERS  INDICTED  FOR  THE  MURDER  OF  WILLIAM  GOEBEL 


A  POLITICAL  NECESSITY  187 

This,  in  the  judgment  of  the  prosecution,  was  sufficient 
in  itself  to  ruin  the  Republican  party,  and  rivet  my  con- 
viction. 

So  far  as  I  was  myself  concerned,  I  was  confident 
that  Weaver  had  sworn  falsely.  Noakes,  Anderson, 
Culton  and  others  made  statements  equally  infamous 
and  equally  untrue,  and  placed  it  beyond  my  power  to 
contradict  them  by  testimony  other  than  my  own,  be- 
cause they  said  I  had  made  damaging  statements  to 
them  when  alone.  I  could  not  even  contradict 
Weaver's  testimony  by  my  own. 

However,  events  proved  that  Weaver's  perjury 
would,  after  all,  be  fairly  easy  to  expose.  In  less 
than  twenty-four  hours  we  were  able  to  establish  by  a 
dozen  or  more  reputable  witnesses  that  Weaver  was 
not  in  Frankfort  at  all  on  the  day  that  Goebel  was  shot, 
but  was  in  Grayson  Springs,  one  hundred  and  fifty 
miles  away.  Weaver  was  later  arrested  at  the  instance 
of  the  defense,  and  an  indictment  was  found  against 
him  charging  him  with  perjury.  He  was,  however,  re- 
leased on  the  insignificant  and  obviously  inadequate 
bond  of  two  hundred  dollars,  and  Weaver  to-day  is 
still  at  large,  undisturbed  and  unmolested  by  those 
whose  duty  it  is  to  prosecute  him. 

When  Finley  Anderson  took  the  witness-stand,  Mr. 
Campbell  held  in  his  hand  a  rather  voluminous  written 
document.  He  began  the  examination  of  the  witness, 
.holding  him  like  a  charmed  bird  under  the  spell  of 
a  serpent.  When  young  Anderson,  by  any  mischance, 
failed  to  remember  all  he  was  expected  to  testify 
to,  the  wily  examiner  would  "  refresh  "  his  memory 
by  reading  to  him  from  the  document  to  which  I  have 
already  referred.  With  this  assistance,  the  witness 


i88  MY  OWN  STORY 

would  then  proceed  to  answer  the  question  in  the  man- 
ner desired.  His  air  was  one  of  certainty  and  of 
frankness.  His  testimony,  as  might  be  expected,  was 
extremely  sensational  and,  among  many  other  asser- 
tions he  made  was  one  to  the  effect  that  I  was  at  his 
father's  hotel  in  Barboursville,  Kentucky,  a  few  days 
before  Mr.  Goebel  was  murdered  and  there  made  the 
declaration  that  "  If  we  can't  get  him  (meaning  Goe- 
bel) killed,  and  it  is  necessary,  I  will  do  it  myself!" 
Proof!  The 'procurer  of  confessions  proved  anything 
he  desired.  Why  should  he  not,  when  he  had  himself 
prepared  the  statements  to  which  the  witness  swore? 
But  later,  Anderson,  under  oath,  explained  how  he 
was  bribed,  retracted  his  testimony  and  exposed  the 
corrupt  methods  by  which  it  was  procured.  (See  Ap- 
pendix A.)  The  smooth  suborner  of  perjury  had  so 
framed  the  story  of  Anderson,  as  well  as  that  of 
Noakes  and  other  perjurers,  as  to  put  it  beyond  my 
power  to  contradict  them  by  any  other  witness  than 
myself.  Noakes,  Golden,  Culton,  Anderson  and  the 
rest,  testified  that  their  conversations  with"  me  had  been 
in  private.  Realizing  how  powerless  I  was  to  con- 
vince the  public  that  these  star-witnesses  were  black 
perjurers,  it  is  beyond  the  power  of  words  to  express 
how  gratified  I  was  to  know  the  conscience  of  one  had 
haunted  him  until  he  was  forced  to  tell  the  truth. 


CHAPTER  XXVIII 

THE   VALUE  OF   AN  OATH 

Robert  Noakes  in  the  role  of  a  star-witness  —  Later  confesses 
himself  to  be  a  perjurer  —  W.  H.  Culton  exonerates  me 
after  giving  sensational  testimony  —  F.  Wharton  Golden's 
evidence  —  Prosecution  calls  the  Goebel  press  to  its  rescue 

During  all  the  time  that  had  elapsed  since  my  ex- 
amining trial,  which  was  held  in  March,  the  whole 
county,  as  well  as  the  entire  state  of  Kentucky,  had 
been  kept  in  a  constant  state  of  excitement  and  expect- 
ancy. Sensational  stories  in  inflammatory  journals  ap- 
peared with  persistent  regularity,  in  which  it  was  again 
and  again  asserted  that  many  prominent  Republicans 
would,  sooner  or  later,  be  connected  with  the  killing  of 
Senator  Goebel.  Men  high  in  the  councils  of  the 
party  were  thus  exhibited  repeatedly  as  possible 
assassins.  Others,  who  had  gained  no  such 
prominence,  were  frequently  referred  to  as  possessing 
guilty  knowledge,  and  among  these  was  Robert  Noakes. 
He  was  the  captain  of  a  military  company  at  Corbin, 
Kentucky,  had  been  a  railroad  employee,  was  a  heeler 
for  the  Republican  party  in  his  own  town,  and,  withal, 
had  led  a  somewhat  reckless  life.  He  had  come  to 
Frankfort  with  the  mountain  men,  and,  apparently,  had 
been  exceedingly  anxious  for  Republican  success.  He 
had  talked  boldly  and  had  protested  vigorously  against 
the  attitude  of  the  Democrats  in  the  contests. 

189 


IQO  MY  OWN  STORY 

He  is  a  man  far  above  the  average  in  native  abil- 
ity and  intelligence,  but  without  education.  He  was 
looked  upon  as  a  man  who  could  be  easily  instructed 
and  then  left  to  his  own  ability  to  carry  out  his  instruc- 
tions with  good  results.  Naturally  such  a  man  played 
easily  into  the  hands  of  the  prosecution.  Almost  im- 
mediately he  became  the  center  of  attraction,  nor  did  he 
permit  himself  in  the  few  days  during  which  he  held 
the  stage  to  lose  any  of  the  notoriety  he  apparently 
loved  to  possess. 

When  he  took  the  witness-stand,  he  gazed  about 
him  with  unblushing  effrontery,  glanced  calmly  over 
toward  the  lawyers  for  the  defense,  rested  his  eyes 
a  moment  on  me,  and  bowed  slightly.  Then  he 
settled  himself  more  comfortably  in  his  chair  and 
turned  his  attention  toward  Mr.  Campbell. 

Throughout  the  examination  that  followed,  he 
seemed  to  delight  in  treading  on  the  very  frontier  of  dis- 
honesty, infamy  and  folly.  He  was  the  brightest  of  Mr. 
Campbell's  galaxy  of  stars  and  he  proposed  to  display 
his  brilliancy  to  the  best  advantage.  He  had  not  been 
"  captured  "  until  July  and,  though  he  came  into  the 
race  of  the  liars  slightly  handicapped  by  this  time- 
difference,  he  nevertheless  made  up  for  it  in  boldness 
and  effrontery.  In  truth,  Noakes  outstripped  them  all, 
eclipsed  them  all,  but,  in  all  sustained  them  and  cor- 
roborated them. 

He  asserted  under  oath  that  both  my  brother  and 
myself  had  endeavored  to  induce  him  to  procure 
smokeless  powder  cartridges  with  which  to  kill  Goebel, 
He  stated  that  we  had  approached  him  with  this  propo- 
sition prior  to  January  twenty-fifth,  1900,  and  that,  on 
the  morning  of  the  twenty-fifth,  my  brother  had  told 


THE  VALUE  OF  AN  OATH  191 

him  that  all  preparations  had  been  made  for  the  assas- 
sination of  Goebel  that  day.  On  the  afternoon  of  this 
same  day,  he  declared  that  I  approached  him,  saying: 
"  Bob,  I  understand  that  you  have  two  men  in  your 
company  who,  if  you  told  them  you  wanted  a  certain 
man  killed,  would  -make  it  possible  for  you  to  find  his 
corpse  the  next  morning."  He  testified  further  that 
I  said  to  him  at  that  time  that  the  contests  would  "  not 
amount  to  a  damn,  for,  as  soon  as  Goebel  is  dead  and 
in  hell,  no  other  Democrat  in  the  state  of  Kentucky 
could  hold  the  Democratic  party  together  as  he  has." 

It  was  along  such  lines  as  these  that  Noakes  related 
his  story.  In  the  end,  however,  he  was  forced  to  ad- 
mit that  he  had  left  Frankfort  on  January  twenty-fifth 
and  that  he  had  no  actual  knowledge  of  any  plot,  if 
such  there  were,  which  resulted  in  Goebel's  death.  My 
attorneys,  nevertheless,  found  it  difficult  to  make  much 
of  an  attack  on  Noakes'  testimony,  and,  as  a  result,  the 
prosecution  was  jubilant.  The  Courier- Journal,  com- 
menting on  this  fact,  said :  "  Caleb  Powers'  disap- 
pointment over  the  failure  of  his  counsel  to  break  down 
the  testimony  of  Noakes  was  plainly  apparent  through- 
out the  proceedings  to-day,  and  his  discouragement  was 
visible  in  every  line  of  his  face." 

But,  if  I  may  be  pardoned  the  allusion  to  a  trite 
expression,  "  truth  crushed  to  earth  will  rise  again  " 
was  exemplified  here;  for  Noakes,  this  star- witness 
for  the  prosecution,  some  months  later  prepared  a  writ- 
ten statement  in  which  he  confessed  himself  to  be  a 
perjurer  —  the  most  monumental  liar  of  the  age.  This 
retraction  of  all  that  he  had  sworn  to  was  given  to 
the  public  December  fourteenth,  1900,  and  is  referred 
to  again  in  the  course  of  this  narrative. 


192  MY  OWN  STORY 

W.  H.  Culton  followed  Noakes  to  the  witness-stand. 
His  testimony  also  was  of  a  sensational  character. 
He  stated  that  he  had  talked  to  a  Doctor  W.  R.  John- 
son, a  desperate  character,  and  that  the  conversa- 
tion turned  on  Johnson's  plan  to  end  the  life  of  Goe- 
bel  with  nitroglycerin.  He  said  further  that  he  had 
also  talked  with  many  others  regarding  plans  of  mur- 
der, and  had  heard  from  Youtsey's  own  lips  "  his  slick 
scheme  "  whereby  Goebel's  life  was  to  be  taken.  He 
was  forced  to  admit,  however,  that  he,  like  Noakes, 
knew  absolutely  nothing  of  any  actual  plot  that  had 
resulted  in  the  death  of  Goebel.  He  said,  in  substance, 
that  when  he'  heard  the  Democratic  leader  had  been 
mortally  shot  there  was  not  a  man  in  Frankfort  more 
surprised  than  he.  He  likewise  exonerated  me  from 
all  knowledge  of  the  crime,  for  the  following  ques- 
tion was  asked  him  and  the  following  answer  was 
given : 

Question. — I  will  now  turn  to  Mr.  Powers.  State 
whether  you  had  any  conversation  with  Mr.  Powers 
prior  to  the  killing  of  Goebel  relative  to  that  matter  ? 

Answer. — Never  in  my  life.  I  never  had  a  conver- 
sation with  him  in  regard  to  the  killing.  (Vol.  Ill,  P. 
447,  Bill  of  Exceptions.) 

The  cross-examination  developed  the  fact  that  Cul- 
ton had  once  been  indicted  for  forgery  and  had,  it  is 
alleged,  embezzled  one  thousand  dollars  from  the 
auditor's  office  when  he  was  employed  there  in  the 
capacity  of  clerk. 

Wharton  Golden  was  another  witness  for  the  Com- 
monwealth who  possessed  an  unsavory  reputation. 
However,  he  is  not  as  bad  as  he  is  weak,  and  his 
criminal  record  even  showed  to  advantage  when  com- 


THE  VALUE  OF  AN  OATH  193 

pared  with  the  records  of  his  fellow  perjurers.  Whar- 
ton  Golden  had  been  indicted  for  carrying  concealed 
weapons  and  for  selling  whisky  in  violation  of  the 
revenue  law,  but  no  graver  charge  had  ever  been  lodged 
against  him.  He  is  a  man  of  slender  frame,  possessing 
a  face  that  impresses  one  with  the  weakness  of  his 
character,  its  vacillation  and  lack  of  will-power.  He 
was  a  mere  leaf  floating  on  the  dark  current  of  events ; 
the  first  man  against  whom  a  semi-formal  accusation 
had  been  made  by  Mr.  Campbell's  mouth-piece,  detec- 
tive Tom  Cromwell,  and  he  was  also  the  first  man  to 
"  confess "  a  guilty  knowledge  of  the  alleged  con- 
spiracy to  kill  Goebel.  He  was  then,  and  still  is,  under 
indictment  for  complicity  in  the  murder  and,  like  Cul- 
ton  and  Noakes,  was  willing  to  swear  away  my  life 
to  save  his  own.  But  he,  like  his  two  associates,  was 
forced  to  admit  that  he  had  no  knowledge  that  Senator 
Goebel  was  to  be  killed  on  January  thirtieth,  1900, 
much  less  any  knowledge  that  the  fatal  bullet  was  to 
be  fired  from  the  office  of  the  secretary  of  state. 

It  is  an  easy  matter  to  put  into  the  mouths  of  men 
utterances  that  can  be  contradicted  only  by  the  man 
who  is  on  trial  for  his  life, —  and  of  such  material  was 
the  evidence  introduced  against  me  during  the  weary 
days  that  brought  to  light  this  mass  of  perjured 
testimony.  But,  after  all,  it  is  a  difficult  matter 
to  pick  men  up  and  place  them  together  like  nine- 
pins in  a  certain  position,  in  a  certain  place,  and,  by 
evidence,  of  the  character  of  that  introduced  against 
me,  prove  that  they  conspired  to  commit  murder  or 
any  other  crime,  when,  as  a  matter  of  fact,  there  was 
not  the  slightest  foundation  on  which  such  a  lie  might 
be  based.  The  failure  of  the  prosecution  to  connect 


194  MY  OWN  STORY 

me  with  the  murder  was  clearly  shown  by  the  witness, 
when,  in  answer  to  a  question,  Golden  replied :  "  I 
was  expecting  nothing  but  a  fight  in  the  legislative 
hall ;  that  is  the  way  I  expected  Goebel  to  be  killed  all 
the  time." 

After  three  long  and  weary  weeks  of  suspense,  per- 
jury and  unjust  rulings,  the  prosecution  brought  its 
case  to  a  close.  Knowing  that  it  had  made  but  a  weak 
support  of  its  charge,  it  immediately  called  upon  the 
Goebel  press  again  to  come  to  its  rescue.  The  response 
was  immediate,  although  somewhat  ill-advised  in  the 
form  it  assumed.  The  claim  was  advanced  that,  if  I 
were  not  guilty,  I  was  at  least  in  a  position  to  know 
who  was  guilty,  and  that  it  was  my  duty  to  "  point  out 
the  real  criminal."  Accusations  were  never  made  with 
more  bitter  vehemence,  nor  with. more  reckless  disre- 
gard for  common  justice  and  human  life  than  were 
made  by  the  newspapers  which  served  the  Democratic 
interests.  In  the  desperation  of  the  prosecution,  it 
called  upon  me  through  its  mouth-piece,  to  do  that 
which  I  was  powerless  to  do,  and  which  it  had  failed 
to  do  —  expose  the  guilty.  It  adopted  the  French  law 
and  proceeded  on  the  theory  that  a  man  is  guilty  until 
he  proves  himself  innocent. 


CHAPTER  XXIX 

MY  DEFENSE  AND  MY  CONVICTION 

Judge  Faulkner's  statement  for  the  defense  —  My  testimony 
for  myself — Cross-examination  by  Lawyer  Campbell  — 
Address  to  the  jury  —  Verdict  of  guilty,  with  penalty  of 
life  imprisonment  —  Juryman  Porter  —  My  card  to  the 
public 

My  defense  was  begun  by  Judge  H.  C.  Faulkner's 
statement  of  the  case  to  the  jury.  "  It  is  not,"  the 
speaker  declared,  "  by  the  choice  of  the  defense  that 
this  trial  has  been  made  a  political  rather  than  an  ordi- 
nary criminal  trial;  but  the  Commonwealth  has 
throughout  the  procedure  followed  this  course. 

"  We  will  demonstrate,"  he  continued,  "  that  Finley 
Anderson  is  a  liar  for  revenue  only ;  that  W.  H.  Culton 
was  put  under  the  thumb-screw  and  forced  to  say  what 
the  gentlemen  on  the  other  side  wanted  him  to  say ;  that 
Noakes,  the  greatest  liar  in  history,  entered  into  a 
fraudulent  contract  to  have  himself  arrested  as  a 
"  blind  "  and  then  came  here  to  sell  Caleb  Powers'  life- 
blood  for  gold  and  for  immunity ;  that  Wharton  Golden 
showed  a  roll  of  money  in  Barboursville,  and  said  that  it 
was  a  part  of  that  one-hundred-thousand-dollar  re- 
ward, and  that  in  his  testimony  he  lied  wilfully  and  de- 
liberately ;  that  there  has  been  a  carefully  planned  con- 
spiracy of  diabolical  character  conceived  and  put  into 

195 


196  MY  OWN  STORY 

execution  for  the  purpose  of  sending  this  man  to  the 
gallows  by  means  of  perjury  and  subornation  of  per- 
jury." 

After  Judge  Faulkner  had  concluded  his  excellent 
statement  of  my  case,  it  became  my  turn  to  take  the 
witness-stand  in  my  own  behalf.  I  knew  I  should  have 
to  give  an  account  of  my  every  word  and  act  during  a 
protracted  and  heated  political  campaign  and  during 
the  struggle  for  supremacy  that  followed  it.  I  was  to 
tell  not  merely  what  IJiad  said  and  done,  but  what  oth- 
ers had  said  and  done  as  well.  I  realized  that  it  was  a 
tremendous  task.  I  was  fully  aware  that  it  devolved  on 
me  to  remember  all  the  details  of  the  testimony  offered 
by  the  prosecution  touching  my  conduct,  speech  and 
whereabouts,  and  be  able  at  all  times  to  attack  this  mass 
of  evidence  in  its  most  vulnerable  points.  I  knew, 
moreover,  that  the  fire  to  which  I  would  be  subjected 
would  be  unmerciful ;  and  that  the  slightest  discrepancy 
that  might  escape  my  lips  would  be  magnified,  distorted 
and  construed  into  an  admission  of  guilt. 

Nevertheless,  I  felt  equal  to  the  task.  My  inno- 
cence sustained  me.  That  my  confidence  was  not  mis- 
placed, even  the  Courier- Journal  admitted.  It  said: 
"  One  of  the  leading  attorneys  for  the  prosecution,  in 
speaking  to-night  of  Powers'  testimony,  said :  '  The 
prisoner  is  a  shrewd  man.  He  is  a  thorough  diplomat, 
and  in  every  sentence  he  utters  there  is  an  appeal  to 
the  jury.  .  .  .  The  attorneys  for  the  defense 
and  the  friends  of  the  prisoner  say  he  has  told  a  plain, 
straightforward  story.  They  say  he  has  practically 
acquitted  himself  of  any  implication  in  the  crime ;  and 
that  he  will  bring  abundant  proof  in  support  of  every 
assertion  he  has  made.'  " 


MY  DEFENSE  AND  MY  CONVICTION      197 

Mr.  Campbell  conducted  my  cross-examination,  and 
I  will  quote  an  independent  Democratic  paper,  the 
Evening  Post,  of  Louisville,  to  show  how  the  public 
regarded  Mr.  Campbell's  unprofessional  conduct  while 
he  submitted  me  to  the  fire  of  his  questions: 

"  The  expectation  of  a  further  exhibition  of  Camp- 
bell's tactics  helped  to  swell  to-day's  crowd.  People 
here  have  learned  that  in  the  art  of  injecting  argument 
into  examination,  of  veiling  innuendoes,  of  inference 
and  insinuation  under  the  guise  of  questions,  and  of 
putting  his  own  words  into  other  men's  mouths,  Camp- 
bell is  a  grand  master.  But  not  one  inch  did  he  shake 
Caleb  Powers  in  the  long  and  severe  cross-examination 
which  went  on  during  the  forenoon.  He  never  once 
lost  his  head,  nor  did  he  allow  Campbell  to  trap  him 
into  admissions  that  he  did  not  make.  So  amply  able 
to  take  care  of  himself  did  the  prisoner  prove,  that 
ex-Governor  Brown  found  few  occasions  to  object  to 
Campbell's  interrogations,  although  most  of  them  were 
couched  in  objectionable  language.  Throughout  the 
morning,  Powers  remained  cool  and  calm,  and  his  re- 
plies seemed  to  breathe  sincerity  and  truth.  At  times, 
the  inquiry  was  turned  by  Campbell  into  a  trial  of  wit, 
in  which  he  pitted  his  shrewdness  against  that  of  Pow- 
ers. In  every  such  instance,  Campbell  suffered.  Pow- 
ers made  no  flippant  rejoinders;  he  attempted  no  eva- 
sion. He  met  each  question  fairly  and  squarely,  and 
/his  answers  were  always  full  and  sufficient." 

After  my  testimony  was  completed,  my  attorneys 
introduced  over  one  hundred  witnesses  in  my  behalf. 
Fully  two  weeks  were  required  to  hear  this  testimony. 
I  shall  not  give  it  here.  I  omit  it,  and,  thus  far  have 
made  it  a  point  to  mention  only  casually  the  evidence 


198  MY  OWN  STORY 

submitted  by  the  prosecution,  because,  later,  I  made 
an  argument  in  my  own  behalf,  reviewing  all  the  evi- 
dence at  length,  and  this  argument  is  presented  in  the 
accompanying  appendix.  I  will  say,  however,  that 
the  testimony  for  the  defense  not  only  sufficed  to  prove 
my  innocence,  but  to  establish,  as  well,  the  perjury  of 
many  witnesses  for  the  prosecution. 

The  jury  was  taken  to  the  scene  of  the  tragedy  and 
carefully  escorted  about  the  points  touched  upon  by 
testimony  in  the  trial.  Upon  its  return,  the  court  in- 
structed the  jury.  The  instructions  under  which  it 
was  called  upon  to  consider  the  evidence  in  the  case 
in  order  to  reach  a  verdict  were  "  bloody  "  in  the  ex- 
treme. In  truth,  after  hearing  them,  had  the  jury 
failed  to  find  me  guilty,  it  would  almost  have  been  in 
contempt  of  court.  The  argument  for  the  defense  was 
then  begun,  Judge  Sims  leading  off  in  a  persuasive  and 
logical  address.  It  was  followed  by  Colonel  J.  K. 
Hendrick,  who  made  a  strong  plea  for  the  prosecution. 
The  Honorable  George  Denny,  of  Lexington,  Ken- 
tucky, followed  in  turn,  delivering  a  sledge-hammer 
argument  of  great  force  and  convincing  power.  Mr. 
Victor  F.  Bradley  of  Georgetown,  Kentucky,  next  spoke 
for  the  prosecution,  making  a  plausible  speechl  He 
was  followed  by  Judge  James  H.  Tinsley,  of  Barbours- 
ville,  for  the  defense.  Tinsley  is  a  mountain  lawyer 
and  surprised  everybody  by  his  bold  and  vigorous  log- 
ic. B.  B.  Golden  followed  for  the  prosecution,  and 
Major  .W.  C.  Owens,  for  the  defense,  came  in  turn. 
Owens  was  not  surpassed  in  brains  or  force  of  logic 
by  any  man  on  either  side  of  the  case.  Tom  C.  Camp- 
bell spoke  after  Owens,  delivering  a  semi-political 
speech,  full  of  dangerous  insinuations  and  innuendoes. 


KOHKKT   KUANKI.IN,    I'UOSKCl'TINO    ATTOKNKV    IN   ALL 

THK  CASKS,    INCLUDING  THOSK  OK   MOTH 

IIOWAKI)   ANI>   MVSICI.K 


MY  DEFENSE  AND  MY  CONVICTION     199 

Ex-Governor  Brown  spoke  next  with  great  vigor  and 
was  followed  by  Robert  B.  Franklin,  a  dramatic  actor- 
orator,  who  closed  the  Commonwealth's  argument. 
His  remarks  were  at  times  warmly  applauded  by 
friends  of  the  prosecution;  but  of  this  applause  and 
demonstration  the  court  took  not  the  slightest  official 
cognizance. 

The  jury,  at  the  conclusion  of  Mr.  Franklin's  argu- 
ment, arose  from  its  benches,  filed  slowly  into  the  petit 
jury-room,  and  the  door  was  immediately  locked  be- 
hind it.  A  deputy,  sheriff  stationed  himself  at  the  en- 
trance and  guarded  it  against  all  comers.  At  last  my 
case  was  in  the  hands  of  the  twelve  men  who  were  to 
determine  my  fate!  The  eyes  of  every  one  in  the 
court-room  were  turned  upon  me.  I  shall  not  voice 
the  feelings  that  filled  my  breast  at  this  trying  moment, 
but,  instead,  shall  permit  some  of  the  spectators  to 
describe  how  I  appeared  to  feel.  The  Courier- Journal 
said :  "  It  was  apparent  from  Powers'  expression  that 
he  had  no  fear  of  conviction  and  was  perfectly  cool 
and  deliberate." 

The  Louisville  Herald  said :  "  Powers  was  as 
cool  and  calm  as  ever.  Verily,  the  prisoner  must  be 
a  man  of  iron."  The  stuff  of  which  heroes  are  made  is 
in  us  all.  In  emergencies  we  all  prove  it.  It  is  a  great 
thing  to  have  a  clear  conscience,  to  be  patient  and 
serene  when  wrongly  accused,  and  to  have  your  feet 
so  firmly  planted  on  the  foundation  of  truth  that  you 
can  meet  calumny  with  silence,  and  slander  with  a 
smile. 

In  less  than  an  hour  after  the  jury  retired,  there 
came  a  rap  on  the  door  of  the  room  where  the  body 
was  holding  its  deliberations.  The  door  was  opened, 


200  MY  OWN  STORY 

and,  even  more  slowly  than  it  retired,  the  jury  filed  into 
the  court-room. 

"  Have  you  made  your  verdict,  gentlemen  ?  "  asked 
the  court. 

Two  of  the  jurors  immediately  replied,  "  We  have." 

The  paper  upon  which  the  finding  was  written  was 
handed  to  the  clerk.  It  read : 

"  We,  the  jury,  find  the  defendant  guilty  as 
charged  and  fix  his  punishment  at  imprisonment  for 
life  in  the  state  penitentiary.  I.  G.  Stone,  foreman." 

What  emotions  filled  my  heart  no  pen  can  write,  no 
language  can  describe !  By  that  verdict,  I  was  brand- 
ed by  my  state  and  by  my  fellow  men  as  a  murderer. 
The  awfulness  of  its  meaning  fell  on  me  with  crushing 
force.  In  a  moment,  however,  it  flashed  through  my 
mind  that  such  a  verdict  could  not  stand,  that  it  could 
not  be  final. 

While  sorrow  with  its  dark  wing  covered  me 
with  deepest  gloom,  the  prosecution  and  its  friends 
on  the  other  side  of  the  court-room  were  receiving  and 
offering  the  most  effusive  congratulations.  The  truism 
that  the  joys  of  one  are  erected  upon  the  ruins,  misfor- 
tunes and  sufferings  of  another,  was  exemplified 
here.  As  Arthur  Goebel  left  the  court-room  he  re- 
ceived the  congratulations  of  the  jurors  who  had  just 
returned  against  me  the  verdict  of  guilty.  The  Cour- 
ier-Journal commented  thus  on  the  incident :  "  On  his 
way  down  the  steps  leading  from  the  court-room,  Mr. 
Arthur  Goebel  was  met  by  several  of  the  jurors,  who 
shook  his  hand.  Among  them  was  W.  O.  Tinder. 
Mr.  Tinder  broke  down  in  tears  when  he  took  Mr. 
Goebel's  hand,  and  then  walked  away,  being  too  deeply 
affected  to  speak."  Was  a  man,  whose  feelings  were 


MY  DEFENSE  AND  MY  CONVICTION     201 

thus  so  sensitively  alive  to  the  circumstances  of  Mr. 
Goebel's  tragic  death,  fit  to  serve  upon  a  jury  which  was 
trying  the  alleged  murderer? 

It  was  generally  believed  that  improper  influence 
had  been  brought  to  bear  on  Porter,  one  of  the  jury- 
men. Republicans  said  generally  that  he  had  either 
been  bribed  or  intimidated.  The  fact  is,  however,  that 
the  latter  only  was  true.  During  the  progress  of  my 
trial,  his  wife  was  permitted  to  have  a  secret  interview 
with  him.  She  conveyed  a  letter  to  him  from  his  fath- 
er, stating  that  if  he  stood  for  acquittal,  although  con- 
vinced of  my  innocence,  he  would  be  indicted  for  per- 
jury by  reason  of  certain  statements  made  by  him  in 
his  voir  dire  examination.  Besides  this,  the  letter 
further  informed  him,  that,  to  hold  out  for  my  acquit- 
tal would  be  to  place  his  own  life  in  peril  and  his 
property  in  jeopardy.  This  the  juror  himself  divulged 
to  James  B.  Finnell,  of  Georgetown,  Kentucky, 
after  my  trial  was  ended.  It  was  also  observed 
that,  during  the  progress  of  the  argument,  Mr.  Camp- 
bell warned  Mr.  Porter  in  a  most  personal  manner  of 
the  evils  that  might  befall  him  were  he  or  any  one  else 
to  "hang"  the  jury.  Porter  told  Judge  Finnell  that 
he  believed  in  my  innocence,  but  also  believed  that  he 
would  not  only  be  convicted  of  perjury  if  he  cast  his 
ballot  for  acquittal,  but  would  also  be  forced  to  submit 
to  the  loss  of  his  standing  in  the  community  where  he 
resided,  the  ruin  of  his  business,  even  if  he  escaped 
with  his  life.  "  It  is  a  shame  that  I  did  not  stand  for 
Powers'  acquittal,"  said  he,  "  but  I  have  a  wife  and 
children  to  support,  and  I  knew  it  would  ruin  me  if  I 
did." 

After  the  verdict  in  my  case  was  read,  I  was  taken 


202  MY  OWN  STORY 

back  to  the  jail,  heavily   guarded,   closely  watched. 
I  at  once  issued  the  following  card : 

GEORGETOWN,  KY.,  August  20,  1900. 
To  the  Public: 

I  am  asked  my  opinion  concerning  my  trial  and  the  verdict 
of  the  jury.  Could  there  be  but  one  opinion?  Could  any  fair- 
minded  man  or  woman  of  this  state  have  but  one  ?  That  one  of 
the  greatest  judicial  farces  known  to  history  has  been  enacted 
here  in  my  trial  under  the  forms  of  law,  no  well-informed  man 
can  doubt.  Innocence  is  no  shield  with  a  hundred  thousand 
dollars  and  the  methods  of  Campbellism  against  you.  The 
rectitude  of  one's  past  life  counts  for  naught.  They  say  Taylor 
was  guilty  because  he  was  at  his  office;  and  that  I  am  guilty 
because  I  was  away  from  mine.  This  has  been  throughout  a 
political  trial,  for  political  purposes,  and  no  greater  mistake  has 
been  made  by  the  Democratic  party,  since  it  robbed  us  of  the 
offices  to  which  we  were  fairly  elected  by  the  people.  There 
are  good  men  and  noble  women  in  the  Democratic  party  — 
and  many  of  them.  These  do  not  indorse  the  theft  of  the  state 
offices.  Many  more  will  not  indorse  this  mockery  of  a  trial, 
this  prostitution  of  the  courts  of  justice  for  certain  ends. 
From  the  beginning  of  the  Taylor-Goebel  campaign  until  now, 
I  have  stood,  with  what  little  merit  I  have  had,  for  the  rights 
and  liberties  of  the  people.  That  is  my  crime.  That  is  the 
offense  I  have  committed.  That  is  the  only  thing  proved 
against  me;  and  that  I  swore  to  myself  in  my  testimony.  I 
have  never  had,  nor  have  I  now,  any  apology  to  make  for  being 
true  to  the  trust  imposed  upon  me  by  the  majority  of  the  voters 
of  the  state.  History  will  draw  its  dark  lines  around  those 
who  have  outraged  me,  disgraced  the  judiciary  and  blackened 
the  reputation  of  the  state. 

I  am,  very  respectfully, 

CALEB  POWERS. 

The  late  Colonel  W.  C.  P.  Breckinridge,  in  the 
Morning  Herald,  aptly  expressed  the  aim  and  object 
of  the  prosecution  of  my  case  when  he  said : 

"  It  is  evident  that  the  victims  were  first  selected, 


MY  DEFENSE  AND  MY  CONVICTION     203 

and  not  on  any  grounds  of  suspicion  or  any  evidence 
of  guilt,  but  for  other  reasons ;  and  the  victims  having 
been  selected,  then  the  detectives  were  turned  loose. 
Confessions  were  secured,  men  were  arrested,  threat- 
ened, imprisoned,  transported  from  their  homes,  held 
in  close  confinement  away  from  their  friends.  Bribes, 
promises,  threats,  imprisonment,  and  every  inducement 
were  used  to  extort  statements,  coerce,  or  by  confes- 
sions fix  the  case.  Upon  the  testimony  actually  admit- 
ted, no  intelligent  man,  who  is  not  the  victim  of  blind 
prejudice,  can  doubt  that  the  guilt  of  Caleb  Powers 
was  not  proved ;  and  upon  the  entire  case  we  presum* 
there  can  be  no  serious  doubt  that  an  innocent 
man  has  been  illegally  convicted  under  the  forms  of 
law ;  and  it  is  the  utmost  stretch  of  that  respect  for 
the  courts  of  the  Commonwealth  which  permits  the 
use  of  the  phrase  under  the  forms  of  law." 


CHAPTER  XXX 

AFTER   THE  VERDICT 

I  am  again  taken  to  the  Louisville  jail  —  My  reflections  on  the 
way  —  I  find  myself  a  victim  of  injustice,  with  no  prospect 
of  redress  —  Charges  and  countercharges  preceding  the 
trial  of  Jim  Howard  —  Summary  of  the  testimony  — 
Howard  is  convicted  of  shooting  Goebel  and  is  sentenced 
to  death 

After  the  court  had  overruled  my  motion  and 
grounds  for  a  new  trial,  which  my  attorney  had  pre- 
pared in  advance  of  the  verdict,  it  made  an  order  trans- 
ferring me  to  the  Louisville  jail  for  safe-keeping.  Mr. 
James  W.  Reid,  the  jailer  at  Georgetown,  had  shown 
me  every  possible  courtesy  and  was  an  open,  outspoken 
champion  of  my  cause.  He  was  an  anti-Goebel  Demo- 
crat of  the  most  pronounced  type.  I  was  again  hand- 
cuffed ;  two  strong  men  took  me  into  custody  and  es- 
corted me  to  the  depot,  where  I  was  placed  on  the 
Midland  train  for  Frankfort. 

Events  had  followed  one  another  so  rapidly;  I  had 
been  hurled  through  so  many  vicissitudes  and  painful 
ordeals  and  at  so  rapid  a  pace,  it  seemed,  that  I  had 
found  little  time  for  reflection  and  but  small  oppor- 
tunity to  pause  and  take  my  bearings,  as  it  were.  The 
storms  of  passion  and  hatred  had  for  six  weeks 
lashed  me  so  furiously  and  incessantly  that  my 
moments  were  occupied  almost  wholly  with  consider- 

204 


AFTER  THE  VERDICT  205 

ation  of  the  exigencies  that  each  day  brought  forth.  I 
had,  therefore,  no  time  for  reflection.  Neither  the 
friends  interested  in  my  welfare  nor  I  myself  had  found 
it  possible  to  pause  long  enough  either  to  prepare  for 
the  future  or  to  weigh  with  any  degree  of  intelligence 
the  result  of  the  adverse  verdict  that  had  been  found 
against  me.  I  was  in  the  center  of  the  maelstrom  and 
the  angry  currents  stormed  incessantly  about  me;  it 
was  with  difficulty  that  I  held  my  head  above  the 
waters.  It  was,  therefore,  with  a  feeling  of  relief  that 
I  began  this  journey.  En  route  to  Louisville  I  should 
have  at  least  a  few  hours  that  I  might  devote  to  reflec- 
tion and  to  consideration  of  my  future  affairs.  The 
train  steamed  away,  with  many  kind  and  earnest  words 
of  encouragement  from  my  friends  still  ringing  in  my 
ears. 

I  settled  myself  in  a  seat  by  the  open  window  of  the 
car  and  for  a  few  moments  enjoyed  the  southern 
breeze  that  fanned  my  cheeks.  The  sun  was  sinking 
in  the  west,  its  rays  warmly  flooding  the  country 
through  which  we  passed.  Slowly  it  descended  until 
it  rested  for  a  moment  on  the  rim  of  the  horizon  and 
then,  lingering  but  a  second,  kissed  the  world  good 
night.  A  solemn  stillness  came  with  the  fall  of  the 
curtains  of  night.  Only  the  noise  of  the  train  was 
heard. 

But  to  the  things  about  me  I  gave  little  heed. 
The  past  rose  before  my  mind's  eye  like  a  hideous 
nightmare;  my  brain  vainly  struggled  to  contemplate 
calmly  the  future  that  lay  before  me.  My  position, 
viewed  from  all  points,  was  one  to  fill  the  stoutest  heart 
with  despair  and  to  break  the  spirit  of  the  strongest 
man.  My  life,  from  earliest  childhood,  had  been  one 


206  MY  OWN  STORY 

of  struggle.  I  began  to  face  the  hardships  of  life 
as  a  boy;  at  a  most  tender  age  I  had  taken  upon  my 
shoulders  more  than  my  fair  share  of  the  burdens  and 
duties  of  life.  I  had  fought  bravely  and  persistently 
for  every  inch  of  vantage  ground;  slowly  I  had  risen 
from  a  position  of  obscurity  to  one  of  some  little  prom- 
inence. Now,  however,  my  ambitions  were  but  empty 
things,  my  good  name  was  dragged  low  in  the  mire 
of  disrepute  and  infamy,  my  prospects  in_  life  were 
blighted  and  I  was  being  conveyed  from  place  to  place, 
a  prisoner,  chained  like  a  beast,  guarded  day  and  night. 
I  thought  of  my  brother,  at  that  moment  a  fugitive, 
not  from  justice,  but  from  injustice.  I  thought  of  my 
aged  father  and  mother.  They  had  lived  for  their 
children  and  had  done  all  within  their  power  to  make 
them  the  best  men  and  women  they  were  capable 
of  becoming.  Were  they  now  to  be  made  to  suffer  as 
only  parents  can  suffer  because,  forsooth,  these  children 
had  entertained  no  thought  more  evil  than  a  laudable 
ambition  to  improve  themselves  and  their  station  in 
life?  It  all  appeared  to  me  so  horrible  that  I  was 
scarcely  sure  of  my  own  identity. 

But  on  every  side  of  me  were  evidences  of  the  ter- 
rible reality  of  my  situation.  The  trainmen  passing 
through  the  coach,  the  passengers  getting  on  and  off, 
men  and  women  from  every  walk  of  life  and  little  chil- 
dren, gazed  at  my  shackled  hands  —  some  curiously, 
some  insolently,  and  some  pityingly.  Where  would  it 
all  end?  The  prosecution,  having  convicted  me  once, 
could  not  afford  to  fail  in  convicting  me  again,  in  the 
event  of  a  new  trial,  since  my  guilt  had  become  a 
Democratic  article  of  faith  —  a  plank  in  the  party 
platform.  This,  and  a  thousand  other  thoughts  flashed 


AFTER  THE  VERDICT  207 

through  my  mind;  I  surveyed  for  a  moment  the  dis- 
advantages under  which  I  labored.  They  seemed  too 
many  to  overcome.  Yet,  withal,  I  held  firmly  to  the 
belief  that  justice  and  right  in  the  end  would  triumph. 
I  believed  then,  as  I  believe  now,  that  the  old  adage  that 
murder  will  out  was  not  framed  by  an  idle  brain;  I 
believed  then,  as  I  believe  now,  that  there  is  no  nook  or 
corner  in  this  broad  world  of  ours  so  hidden  or  so  re- 
mote that  the  murderer  of  Senator  Goebel  can  continue 
to  conceal  the  secret  of  his  crime  there.  Sometime, 
sooner  or  later,  the  criminal  will  be  known.  And  I 
felt,  too,  that  I  owed  it  to  my  father  and  mother,  to 
myself,  to  my  state  and  to  my  party,  to  continue  the 
fight  for  my  liberty  whatever  the  odds  might  be  against 
final  success. 

The  conductor  interrupted  my  meditations  by  calling 
out  "  Frankfort,"  and  I  found  myself,  when  the  train 
had  stopped,  in  the  midst  of  the  usual  throng  that  as- 
sembles to  meet  any  one  who  might  prove  an  object 
of  interest  or  curiosity  to  the  public.  I  was  taken  with- 
out delay  to  the  county  jail,  one  of  Hawthorne's  "  black 
flowers  of  civilization  "  —  the  crowd  following  closely 
at  my  heels.  The  next  morning  the  journey  to  Louis- 
ville was  resumed.  Arriving  there,  I  was  hurried  at 
once  to  the  county  jail,  where,  much  to  my  surprise 
and  pleasure,  and  much  to  the  chagrin  of  certain  Goebel 
partizans,  jailer  John  R.  Pflanz  gave  me  the  best  quar- 
ters at  his  disposal.  He  treated  me,  also,  with  all  the 
consideration  that  an  honest  and  humane  gentleman 
always  exhibits  toward  those  who  are  unfortunate 
enough  to  be  at  his  mercy. 

Now  that  the  excitement  following  my  conviction 
was  somewhat  abated,  I  settled  myself  to  study  and 


208  MY  OWN  STORY 

work.  I  found  that  by  keeping  myself  always  em- 
ployed, I  was  able  to  forget  to  a  certain  extent  the  dis- 
appointments that  harassed  me.  I  discovered,  also, 
what  doubtless  many  others  before  me  have  discovered, 
that  happiness  does  not  depend  so  much  on  one's  en- 
vironment as  on  one's  disposition.  I  buried  myself 
deep  in  my  books,  and,  while  I  can  not  say  that  I  was  at 
any  time  really  happy,  at  least  I  lessened  my  misery. 

It  will  be  remembered  that  the  cases  of  Henry  E. 
Youtsey,  Dick  Combs,  Holland  Whittaker  and  Captain 
John  Davis,  as  well  as  my  own,  had  been  set  for  hear- 
ing at  the  same  special  term  of  the  Scott  circuit  court. 
I  now  learned  that  the  cases  against  Combs,  Whit- 
taker  and  Davis  had  been  continued,  at  the  instance  of 
the  Commonwealth,  to  the  October  term.  Whittaker, 
Combs  and  Davis  were  allowed  bail,  which  they 
promptly  executed.  Youtsey  feigned  illness,  his  case 
was  continued,  and  he  was  transferred  to  the  Frank- 
fort jail  for  safe-keeping.  The  release  of  the  others, 
even  under  bond,  was  in  the  nature  of  a  tacit  admis- 
sion on  the  part  of  the  prosecution  that  they  were  not 
implicated  in  the  murder  of  Mr.  Goebel.  Neverthe- 
less, Whittaker  had  been  confined  continuously  in  the 
jails  of  the  state  since  January  thirtieth,  1900,  Combs 
since  April  and  Davis  since  March  tenth,  of  the  same 
year.  It  was  said  by  the  friends  of  these  men  that 
the  prosecution,  having  failed  to  force  a  confession 
from  them  by  "  sweating,"  or  other  process,  was  com- 
pelled, for  political  reasons,  to  liberate  them ;  otherwise 
its  failure  either  to  try  them  or  grant  them  bail  might, 
in  the  forthcoming  campaign,  prove  a  boomerang  to 
Mr.  Beckham  and  the  Democratic  party. 

The  campaign,  in  truth,  was  assuming  an  interesting 


AFTER  THE  VERDICT  209 

stage,  and  the  issues  between  the  two  great  parties  be- 
gan to  be  more  sharply  drawn.  The  release  of  the 
three  men,  consequently,  was  well-timed.  Politicians 
of  both  parties  made  the  most  of  the  action.  It  was 
well  in  keeping  with  the  subjects  that  were  then  be- 
ing most  broadly  discussed  by  the  speakers  on  both 
sides  —  the  assassination  of  Goebel,  the  alleged  Repub- 
lican conspiracy,  and  the  conduct  of  my  trial  by  the 
prosecution.  The  lesser  lights  of  both  parties  took 
their  cues  from  the  leaders  and  from  every  rostrum  in 
the  state  these  topics  were  dwelt  upon,  and  they  have 
been  dwelt  upon  ever  since. 

The  Goebel  leaders  asserted  with  emphasis  that  they 
had  established  the  existence  of  a  Republican  con- 
spiracy by  the  conviction  of  one  of  the  arch-conspir- 
ators. The  Republicans,  on  the  other  hand,  took  the 
position  that  the  only  conspiracy  that  had  ever  existed 
was  the  one  on  the  part  of  the  Goebel  partizans ;  set  on 
foot  to  jeopardize  the  lives  and  liberty  of  innocent  men 
for  the  mere  sake  of  political  advantage. 

As  these  charges  and  countercharges  flew  back  and 
forth,  the  time  for  Jim  Howard's  trial  was  rapidly  ap- 
proaching. He  had  been  at  his  home  in  Clay  County 
up  to  the  time  when  he  was  formally  indicted  for  the 
murder  of  Senator  Goebel,  when  he  immediately  sur- 
rendered. On  Friday,  September  seventh,  both  the 
Commonwealth  and  the  defense  announced  themselves 
ready  to  proceed  with  the  trial,  and  the  work  of  select- 
ing a  jury  was  at  once  begun.  The  means  employed 
in  summoning  and  selecting  the  talesmen  resulted 
finally  in  the  impaneling  of  a  jury  of  twelve  Goebel 
Democrats,  tried  and  true,  to  hear  the  case. 

The  defense  contended  that  Howard  was  at  the 


210  MY  OWN  STORY 

Board  of  Trade  Hotel  at  the  moment  when  the  fatal 
shot  was  fired  —  a  distance  of  several  hundred  yards 
from  the  scene  of  the  tragedy.  The  Commonwealth, 
of  course,  contended  the  contrary.  It  was,  therefore, 
as  to  the  whereabouts  of  Howard  at  the  time  Goebel 
was  shot  that  the  real  battle  was  fought  in  the  court. 
The  prosecution  made  every  effort  to  prove  that  How- 
ard was  seen  standing  on  the  west  steps  of  the  Execu- 
tive Building,  with  a  gun  in  his  hands,  a  few  seconds 
after  the  shooting  of  Goebel  and  that,  a  moment  later, 
was  seen  to  vault  over  the  back  fence  of  the  Capitol 
grounds. 

The  prosecution,  in  short,  sought  to  establish  the 
theory  that  Howard  fired  the  fatal  shot  and  then  imme- 
diately took  up  a  position  at  the  entrance  to  the  Execu- 
tive Building  to  guard  against  the  approach  of  any  one 
who  might  be  seeking  to  apprehend  Mr.  Goebel's  mur- 
derer. The  defense  maintained  that,  instead  of  com- 
ing to  Frankfort  to  commit  murder,  Howard  had  jour- 
neyed thither  to  seek  at  Governor  Taylor's  hands  a 
pardon  for  the  killing  of  George  Baker,  who  had  been 
murdered  several  years  before.  It  maintained,  more- 
over, that  Howard  had  arrived  in  Frankfort  less  than 
an  hour  before  Goebel  was  shot,  that  he  had  repaired 
immediately  to  the  Board  of  Trade  Hotel,  and  that 
he  was  standing  in  the  lobby  of  this  hostelry  when  the 
Democratic  leader  fell,  mortally  wounded.  It  con- 
tended that  he  could  not  and  did  not  know  of  any  al- 
leged conspiracy  to  kill  Goebel  or  of  any  alleged  con- 
spirators planning  to  encompass  his  death. 

The  prosecution  introduced  evidence  to  show  that 
Howard  had  been  seen  standing  on  the  steps  of  the 
Executive  Building  soon  after  the  firing  of  the  shot 


AFTER  THE  VERDICT  211 

and  that  he  was  seen  to  leap  over  the  fence  back  of 
the  Capitol  grounds.  But  there  was  inconsistency  here, 
for  some  witnesses  claimed  they  saw  him  in  the  rear 
of  the  building  before  he  was  alleged  by  others  to  have 
been  seen  on  the  steps  of  the  Executive  Building. 
Those  who  claimed  to  have  seen  Howard  on  this  oc- 
casion asserted  that  he  wore  a  short,  stubby  black 
mustache.  The  defense,  however,  proved  that  Howard 
not  only  was  at  the  Board  of  Trade  Hotel,  but  that  he 
was  clean-shaven  at  the  time  of  the  murder,  and,  in 
truth,  had  worn  no  mustache  for  more  than  a  year 
previous  to  January  thirtieth,  1900.  The  defense  fur- 
ther proved  that  Howard  did  not  know  Taylor,  Finley, 
Youtsey,  my  brother  or  myself  at  the  time  of  the 
tragedy  and,  therefore,  could  not  and  did  not  enter  into 
any  conspiracy  with  any  of  us. 

The  trial  continued  in  progress  three  weeks.  At  its 
conclusion  the  jury  found  a  verdict  of  guilty  and  sen- 
tenced the  prisoner  to  death. 

I  wish  to  emphasize  the  fact  that  Howard  was 
charged  with  being  a  principal  in  the  murder  of  Goebel 
with  Taylor,  Finley,  my  brother,  myself  and  others  as 
accessories,  yet  throughout  the  long  trial  there  was 
never  a  word  of  evidence  presented  even  tending  to 
show  that  we  were  associated  in  any  manner  whatso- 
ever in  a  conspiracy  of  any  kind.  On  the  contrary,  it 
was  shown  by  most  convincing  evidence  that  Taylor, 
Finley,  Youtsey,  my  brother  and  I  were  not  acquainted 
with  Howard  at  the  time  of  the  murder.  Personally, 
I  had  never  .laid  eyes  on  Howard  until  we  had  both 
been  transferred  to  the  Louisville  jail,  which  was  not 
until  after  both  of  us  had  been  convicted. 

Another  strange  feature  that  marked  his  case  and 


212  MY  OWN  STORY 

mine  was  that  the  prosecution  had  urged  against  me  as 
a  point  greatly  to  my  disadvantage  the  fact  that  I  had 
brought  the  large  mountain  crowd  to  Frankfort.  It 
will  be  remembered  that  the  prosecution  asserted 
that  this  was  a  part  of  the  conspiracy  which  had 
for  its  end  Goebel's  death.  Still,  when  the  principals 
were  indicted,  no  man  who  came  down  with  the  moun- 
tain crowd  was  among  them.  Neither  James  Howard, 
nor  Berry  Howard,  nor  Youtsey,  nor  Whittaker,  nor 
Combs  had  anything  whatever  to  do  with  the  bringing 
of  the  mountaineers  to  Frankfort,  and  none  of  them 
was  with  the  crowd  or  associated  with  it  in  any  way. 
Nevertheless,  I  had  been  convicted  because  I  brought 
the  mountain  crowd  to  the  capital,  James  Howard  had 
been  sentenced  to  be  hanged  for  firing  the  fatal  shot, 
but  there  had  not  been  presented  a  single  word  of 
testimony  that  even  remotely  connected  the  two  events, 
or  connected  Howard  with  me. 


CHAPTER  XXXI 

TRIAL  OF   HENRY   E.    YOUTSEY 

Campbell's  deftly  woven  statement  —  Hunted  look  of  the  de- 
fendant—  His  fierce  denunciation  of  Arthur  Goebel  and 
paroxysmal  display  of  emotion  —  His  illness  and  his  ap- 
pearance in  the  court-room  —  Jury  returns  verdict  of 
guilty,  with  imprisonment  for  life 

The  time  was  now  rapidly  approaching  for  the  trial 
of  Henry  E.  Youtsey.  It  was  evident,  as  the  day  for 
the  hearing  came  nearer  at  hand,  that  Youtsey's  attor- 
neys were  not  ready  to  proceed  with  the  case.  There 
were,  perhaps,  many  reasons  for  this.  Chief  among 
them  was  the  strong  belief  in  the  public  mind  that  the 
defendant  was  to  some  extent  connected  with  the 
commission  of  the  crime  charged  against  him.  An- 
other, no  doubt,  was  that  the  jury  before  which 
Youtsey  was  to  be  tried  would  be  selected  with  a  view 
to  making  his  conviction  a  certainty.  In  the  effort  to 
delay  the  trial  the  sparring  was  vigorous  on  both  sides, 
but,  as  far  as  the  defense  was  concerned,  without  avail. 
Recognizing  that  delay  could  not  be  obtained, 
Youtsey's  counsel  turned  the  full  force  of  its  batteries 
on  the  special  venire  that  had  been  summoned  by  the 
court  in  the  hope  that  a  "  packed "  jury  might  be 
avoided.  But  the  attorneys  sought  in  vain  to  have  the 
names  of  the  jurymen  drawn  from  the  wheel  in  the 
regular  way.  During  the  discussion  of  this  matter, 

213 


214  MY  OWN  STORY 

bitter  feeling  between  the  court  and  the  lawyers  em- 
ployed by  the  defense  was  more  than  once  made  mani- 
fest. The  court  ruled  against  Youtsey,  and  the  jury 
was  soon  selected  from  the  special  venire  that  had,  as 
in  my  case,  been  summoned  from  that  section  of  the 
county  where  rankled  the  fiercest  hatred  against  the 
men  charged  with  the  murder  of  Goebel.  It  is  need- 
less to  add  that  the  entire  jury  was  composed  of  the 
most  pronounced  Goebel  Democrats. 

Mr.  Campbell,  with  the  usual  detestable  cunning  for 
which  he  was  notorious,  made  the  opening  statement 
for  the  prosecution.  His  declaration  was  couched  in 
terms  that  indicated  a  strange  combination  of  villainy 
and  much  ability.  Adroitly  and  skilfully  he  recounted 
with  fascinating  detail  the  strange  events  and  circum- 
stances upon  which  the  prosecution  relied  for  the  con- 
viction of  the  prisoner.  He  followed  closely  the 
damning  thread  of  testimony  until  the  jurors  seemed 
almost  to  feel  that  the  wily  attorney  was  tightening  the 
noose  about  the  neck  of  the  unfortunate  Youtsey.  His 
alleged  scheme  to  kill  Goebel  from  the  office  of  the 
secretary  of  state,  his  presence  on  one  occasion  in  that 
office  with  a  gun,  the  purchase  of  the  steel  cartridges 
from  a  Cincinnati  firm,  his  connection  and  the  alleged 
plots  with  the  mysterious  Doctor  W.  R.  Johnson,  his 
significant  talk  with  Walter  R.  Day  to  the  effect  that  he 
could  settle  the  contest  with  three  hundred  dollars,  the 
bringing  of  the  men  from  the  capitol  red  brick  build- 
ing to  the  Executive  Building  just  before  the  shot  was 
fired  (a  theory  which  the  prosecution  later  aban- 
doned), and  lastly,  the  alleged  confession  of  the  pris- 
oner at  the  Franklin  County  jail  —  all  these  were 
woven  with  spider-like  deftness  into  the  statement  pre- 


TRIAL  OF  HENRY  E.  YOUTSEY       215 

sented  to  the  jury  by  the  profoundest  "  shyster  "  in 
America. 

The  face  of  the  prisoner  was  pale  and  pinched;  in 
his  eyes  there  was  a  vacant  expression.  He  had  all 
the  appearance  of  a  hunted  wild  animal  driven  at  last 
to  bay.  His  wife,  a  brave  little  woman  with  a  heart 
as  sweet  and  gentle  as  her  fortitude  is  strong,  together 
with  relatives,  sat  by  his  side. 

In  the  beginning,  the  case  seemed  to  progress  in  any- 
thing but  a  favorable  light  to  the  prosecution.  The  at- 
torneys for  the  Commonwealth  seemed  to  be  discour- 
aged. Witness  after  witness  was  introduced,  but 
nothing  of  importance  was  developed  by  their  testi- 
mony. The  attorneys  for  the  defense  were  elated,  but, 
like  the  confidence  of  Napoleon  before  the  battle  of 
Waterloo,  their  assurance  only  presaged  the  horrible 
reverses  that  were  soon  to  overtake  them.  The  de- 
fendant's attorneys  had  been  assured  repeatedly  by 
their  client  that  he  was  innocent;  his  wife  and  his 
other  relatives  had  received  the  same  assurance.  It 
was  only  natural,  therefore,  that  Youtsey's  lawyers  as 
well  as  those  more  intimately  concerned  in  his  fate 
should  feel  at  this  stage  of  the  trial  such  confidence  in 
its  outcome. 

The  jury,  as  in  the  other  cases,  was  conducted  to 
the  scene  of  the  tragedy  and  permitted  to  view  the 
buildings  and  grounds.  When  court  was  again  con- 
vened, following  this  excursion,  Arthur  Goebel, 
brother  of  the  murdered  man,  was  called  and  imme- 
diately took  the  stand  as  a  witness.  In  the  meantime, 
however,  all  who  had  accompanied  the  jury  to  Frank- 
fort had  observed  that  the  prisoner,  who  also  had  made 
the  journey,  was  visibly  affected  as  he  passed  through 


216  MY  OWN  STORY 

the  corridors,  basement-  and  offices  in  the  Executive 
Building.  Doubtless  his  emotion  was  due  to  that  senti- 
ment of  the  soul  which  clusters  about  past  associations. 

Arthur  Goebel,  who  resembles  his  dead  brother  in 
physique  and  facial  expression,  took  the  witness- 
stand  in  the  midst  of  an  almost  breathless  silence.  The 
spectators  were  eager  with  expectation.  The  witness 
spoke  clearly  and  distinctly,  and,  almost  with  the  first 
words  that  fell  from  his  lips,  there  came  a  most  sen- 
sational turn  in  the  case.  He  began  to  relate  a  confes- 
sion which,  he  asserted,  Youtsey  had  made  in  his  pres- 
ence while  in  the  Franklin  County  jail.  He  gave,  in 
part,  with  considerable  dramatic  ability,  the  details  of 
this  alleged  statement,  but  all  that  he  said  was  as 
nothing  compared  to  the  scene  that  interrupted  his 
narrative. 

The  prisoner  suddenly  arose  from  the  chair  where 
he  was  seated  beside  his  wife  and  relatives,  and  point- 
ing his  finger  at  the  witness,  launched  forth  a  fierce 
denunciation  of  Goebel  and  the  statements  he  had 
made. 

The  court-room,  in  a  moment,  was  the  scene  of  ex- 
citement and  confusion.  Youtsey,  apparently,  lost  all 
consciousness  of  his  surroundings.  He  stood  where 
he  had  risen,  trembling  with  emotion,  shouting  in  a 
delirium  of  excitement,  his  long  arm  still  pointing  in 
the  direction  of  the  witness.  He  spoke  rapidly,  inco- 
herently; his  statements  were  those  of  a  demented 
man.  Suddenly,  in  the  midst  of  his  denunciation,  he 
lost  all  control  of  himself ;  he  seemed  to  be  seized  with 
a  paroxysm  of  madness.  Deputy  sheriffs  rushed  to 
his  side,  seized  him  by  his  arms  and  body  and  strug- 
gled to  restrain  him.  The  spectators  in  the  court- 


TRIAL  OF  HENRY  E.  YOUTSEY       217 

room  fled,  panic-stricken.  Court  was  adjourned,  while 
the  demented  man  still  struggled .  with  those  who  held 
him  in  restraint. 

The  following  morning,  when  court  was  again  con- 
vened, Youtsey's  attorneys  stated  that  he  was  in  no 
condition  to  make  a  resumption  of  the  trial  possible. 
Throughout  the  night  he  had  been  held  under  re- 
straint, apparently  growing  but  little  calmer  as  the 
hours  wore  away.  Court  was  again  adjourned  and,  in 
the  days  following,  other  adjournments  were  ordered 
from  time  to  time  while  Youtsey  remained  too  ill  to 
attend  the  sessions. 

From  the  beginning,  however,  the  attorneys  for  the 
prosecution  were  suspicious  of  the  prisoner,  and,  after 
several  days  had  elapsed,  they  charged  that  he  was 
"  shamming  "  and  insisted  that  the  trial  continue.  The 
court  finally  consented.  Youtsey,  in  the  interim,  had 
been  removed  from  the  jail  to  a  jury-room  in  the 
court-house  where,  night  and  day,  his  faithful  wife  and 
his  friends  attended  him.  He  was  now  brought  into 
the  court-room,  apparently  more  dead  than  alive,  and 
the  trial  continued  to  a  conclusion  without  further 
interruption. 

The  state  made  out  a  strong  case  against  the  pris- 
oner, proving  that  he  was  seen  to  run  down  through 
the  basement  of  the  Executive  Building  in  a  panic- 
stricken  condition  after  the  firing  of  the  shot  that 
killed  Goebel.  It  established  the  fact,  also,  that  Yout- 
sey had  ordered  smokeless  powder  cartridges  from 
Cincinnati  on  January  twenty-second,  that  he  had 
threatened  to  kill  Goebel  and  that  he  had  talked  with 
various  individuals  over  divers  schemes  to  do  so.  Col- 
onel L.  J.  Crawford,  half-brother  of  the  accused,  de- 


218  MY  OWN  STORY 

livered  the  opening  statement  for  the  defense.  He  was 
calm  and  deliberate  in  his  denunciation  of  the  methods 
pursued  by  the  prosecution,  and  outlined  with  convinc- 
ing logic  the  case  that  the  defense  proposed  to  present. 
Replete  with  dramatic  scenes,  the  trial  was  yet  to  de- 
velop another.  Youtsey,  pale,  thin-faced,  was  brought 
from  the  jury-room  where  he  had  been  confined  since 
his  removal  from  the  jail  and  was  borne  into  the  court- 
room on  a  stretcher.  Question  after  question  was  put 
to  him,  but  no  response  fell  from  his  frozen  lips.  He 
lay  on  the  cot  before  the  jury,  apparently  unconscious 
and  oblivious  of  his  surroundings.  He  did  not  tes- 
tify, and  the  defense,  under  the  circumstances,  made 
the  best  fight  it  could. 

It  was  not  long  after  this  scene  that  the  hearing  of 
evidence  closed,  and  the  arguments  were  begun.  The 
speeches  of  the  opposing  counsel  were  extremely  bitter. 
Colonel  R.  W.  Nelson  spoke  five  hours  for  the  defense, 
arraigning  Mr.  Campbell  fiercely.  For  denunciation 
few  speeches  ever  heard  in  a  court-room  could  equal 
this  diatribe.  He  analyzed  Campbell's  career  as  a  law- 
yer, flaying  him  unmercifully  and  personally  charging 
him  with  almost  every  offense  in  the  criminal  list. 
Campbell  was  seated  with  the  other  attorneys  for  the 
prosecution  when  the  terrific  indictment  began,  but,  as 
Colonel  Nelson  progressed  in  his  fierce  denunciation 
and  the  torrent  of  language  became  more  severe 
and  caustic,  Campbell  withdrew  to  one  of  the  jury- 
rooms  where,  it  is  said,  he  gave  way  to  uncontrol- 
lable feeling. 

The  jury  retired,  and  remained  out  but  a  few  mo- 
ments. It  returned,  presenting  a  verdict  of  guilty, 
sentencing  the  prisoner  to  confinement  in  the  peniten- 


TRIAL  OF  HENRY  E.  YOUTSEY       219 

tiary  for  the  term  of  his  natural  life.  A  short  time 
after  the  conclusion  of  the  trial,  Youtsey  recovered  and 
seemed  to  be  as  well  as  before. 

Thus  ended  a  trial  which,  during  its  progress,  was 
replete  with  incidents  more  dramatic  than  any  that 
fancy  might  have  invented  or  that  fiction  recounts. 
Not  a  witness  introduced,  either  by  the  prosecution  or 
by  the  defense,  even  in  the  remotest  manner  connected 
Youtsey  and  myself. 


CHAPTER  XXXII 

A  REPUBLICAN   JUDGE   ELECTED 

Confessions  by  Anderson  and  Noakes,  admitting  they  were 
bribed  —  Youtsey  signs  an  affidavit  exonerating  me  —  I  am 
encouraged  by  a  change  in  the  political  complexion  of 
the  court  of  appeals 

It  was  not  long  after  the  verdict  in  the  Youtsey  case 
before  a  fresh  impetus  was  given  to  the  discussion  of 
the  Goebel  tragedy  by  the  avowal  of  one  of  the  state's 
star-witnesses  against  me  that  he  had  perjured  himself 
on  the  witness-stand.  The  man  who  at  this  time  found 
that  his  conscience  had  got  the  better  of  him  was 
Finley  Anderson. 

He  stated  to  one  of  my  friends  in  Newport  that  he 
was  weary  of  the  double  life  he  was  leading,  and 
ashamed  of  the  wrong  he  had  done  me.  He  declared 
that,  for  thinking  of  it,  he  was  allowed  neither  peace 
of  mind  nor  rest  of  body.  "  I  want  to  see  Powers' 
people,"  he  said,  "  and  tell  them  all  I  know.  I  can 
show  them  that  he  was  convicted  by  lies,  and  that 
money  was  paid  for  the  evidence  that  was  offered 
against  him.  I  got  some  of  it  myself." 

Anderson  then  came  to  Louisville  and  placed  him- 
self in  communication  with  one  of  my  attorneys. 
Later,  with  this  lawyer  and  other  friends,  he  repaired 
to  the  Gait  House,  and  on  October  thirtieth,  made  an 
affidavit  in  which  he  admitted  he  had  perjured  him- 

220 


A  REPUBLICAN  JUDGE  ELECTED      221 

self,  and  set  forth  in  detail  how  he  had  been  paid  by 
Arthur  Goebel,  T.  C.  Campbell  and  Justus  Goebel  for 
the  testimony  that  he  swore  to  at  my  trial.  This  re- 
markable statement  is  set  forth  in  its  original  form 
in  the  Appendix.* 

In  my  most  hopeful  moments,  however,  I  had  never 
hoped  to  obtain  a  confession  from  Robert  Noakes,  in 
which  he,  like  Anderson,  would  admit  that  he  lied. 
But,  one  day  in  December,  I  received  a  letter  from 
Noakes,  posted  at  Vandercook,  Illinois,  asking  that  a 
meeting  be  arranged  between  himself  and  some  one 
of  my  counsel. 

How  my  heart  leaped  with  joy !  I  knew  intuitively 
that  he  had  at  last  weakened  and  had  determined  to 
repair  the  wrong  he  had  done  me. 

The  meeting  was  arranged  without  delay  and  was 
scheduled  to  occur  at  Danville,  Illinois.  There  Noakes 
made  a  statement  which  in  itself  is  sufficient  to  make 
every  lover  of  justice  and  truth  turn  sick  at  heart. 
It,  alone,  was  enough  to  establish  before  the  world  my 
complete  innocence  and  make  clear  also,  even  to  the 
most  biased  judge,  by  what  hellish  devices  I  had  been 
convicted. 

Noakes'  statement  related  how  it  had  been  arranged 
by  Campbell  and  others  interested  in  the  prosecution 
that  he  should  be  arrested  on  a  charge  implicating  him 
in  the  murder  of  Goebel  and  how,  in  substance,  after 
this  arrest,  he  was  to  turn  state's  evidence.  He  re- 
counted how  he  had  been  plied  with  liquor  until  he  was 
incapable  of  thought  and  wholly  oblivious  of  his  sur- 
roundings. He  asserted  that  when  he  took  the  wit- 
ness-stand in  my  case  he  was  still  under  the  influence 

*  See  Appendix  A. 


222  MY  OWN  STORY 

of  liquor.  He  told,  also,  how  in  various  conversations 
with  Campbell,  the  latter  admitted  that  he  had  bribed 
other  men,  and  not  only  bribed  Noakes,  but  induced 
Noakes  to  bribe  others.  In  short,  his  affidavit  laid 
bare  the  whole  vile  scheme  to  secure  my  conviction  at 
any  cost,  to  secure  the  conviction  of  other  men  regard- 
less of  the  expenditure  required__and  the  crimes  in- 
volved. Noakes'  statement  in  its  unabridged  form  is 
added  in  the  Appendix  *  where,  I  dare  say,  it  will  stand 
as  one  of  the  most  unusual  documents  of  the  kind  ever 
recorded  in  any  case  before  a  bar  of  justice. 

In  the  meantime,  I  had  also  become  convinced  from 
Youtsey's  actions  and  conversations  in  the  Louisville 
jail,  where  he  and  Howard  had  been  transferred  to 
escape  the  possibility  of  mob  violence,  that  he  did  not 
intend  to  fight  his  case  further.  In  other  words,  I 
became  convinced  that  he  intended  to  accept  his  sen- 
tence. This  possibility  alarmed  me.  He  had  never 
testified,  but  he  had  been  offered  immunity  for  his 
testimony.  Did  this  attitude  on  his  part  mean  that  he 
was  guilty  of  the  murder  of  Goebel  and  would  not, 
therefore,  risk  another  trial?  Or  did  it  mean  that  he 
intended  to  become  a  witness  for  the  prosecution  in 
exchange  for  his  liberty?*  In  the  latter  event,  it  went 
without  saying  that  he  would  repeat  any  story  that 
might  be  placed  in  his  mouth.  Whether  he  was 
guilty  himself  I  did  not  know.  I  did  not  know 
whether  he  could  give  any  evidence  truthfully  that 
would  implicate  any  one,  but  I  did  know  that  he 
was  in  a  position,  if  Campbell  continued  his  former 
tactics,  to  become  a  most  dangerous  star-witness.  I 
knew,  moreover,  that  even  his  determination  to  accept 

*  See  Appendix  B. 


A  REPUBLICAN  JUDGE  ELECTED      223 

his  sentence  would  in  itself  be  taken  as  a  tacit  admis- 
sion of  his  guilt.  I  knew,  also,  that  the  prosecution  had 
striven  mightily  to  find  some  connection  between 
Youtsey  and  myself.  This  fact  led  to  the  fear  that 
Youtsey,  who  had  weakened  already,  might  be  induced 
to  weaken  further  and,  if  pressed  by  the  wily 
chief  of  the  prosecution's  counsel,  make  a  statement 
that  would,  though  perjured,  prove  a  menace  to  my 
liberty.  Then,  also,  I  thought  of  what  horrors  might  be 
prepared  for  Youtsey  at  the  state  prison  where,  forced 
to  submit  to  tortures  that  would  break  the  spirit  of  any 
man,  he  might  be  promised  relief  in  exchange  for  any 
testimony  that  might  be  devised  for  use  against  me. 

I  resolved,  therefore,  to  exert  myself  to  the  utmost 
to  obtain  a  statement  from  Youtsey  before  this  threat- 
ened calamity  could  fall  upon  my  head.  I  approached 
him  and  he  readily  agreed  to  my  demand,  merely  stipu- 
lating that  he  first  consult  with  his  attorneys.  This 
was  right  and  proper  and  met  with  no  objection  on  my 
part.  Letters  were  immediately  exchanged  between 
Mr.  Kinkead,  my  attorney,  and  Mr.  Crawford,  Yout- 
sey's  counsel.  Following  this  correspondence,  Youtsey 
made  an  affidavit  in  which  he  declared  that  he  knew 
nothing  whatever  incriminating  against  me. 

It  is  beyond  the  power  of  human  pen  to  describe  the 
joy  I  felt  when  I  found  that  I  had  not  only  come 
into  possession  of  confessions  from  Anderson  and 
Noakes,  admitting  their  perjury,  but  had,  as  I  thought, 
fortified  myself  against  any  possible  perjury  on  the 
part  of  Youtsey. 

During  this  time,  the  campaign  between  Yerkes  and 
Beckham  had  drawn  to  an  end,  but  the  race  had  been 
so  close  that  the  final  result  was  in  doubt  for  two  days 


224  MY  OWN  STORY 

following  the  closing  of  the  polls.  However,  when 
all  the  returns  were  in,  they  showed  that  Beckham  had 
received  a  plurality  of  three  thousand  five  hundred  and 
eighteen,  but  that  he  had  run  four  thousand  five  hun- 
dred and  eighty  votes  behind  the  presidential  candidate, 
William  Jennings  Bryan.  The  Republicans  claimed 
that  tactics  were  employed  by  the  Democrats  to  pre- 
vent many  voters  favorable  to  Mr.  Yerkes  from  casting 
their  ballots.  A  second  contest,  therefore,  was  freely 
discussed,  but  was  eventually  abandoned,  although  the 
Republicans  never  conceded  that  Mr.  Beckham  had 
been  fairly  elected.  Nevertheless  he  would  serve  as 
governor  of  the  state  until  December,  1903. 

The  result  of  the  election,  however,  afforded  me 
some  cause  fbr  rejoicing.  While  the  governorship  had 
been  lost,  an  appellate  judgeship  had  been  won.  Up 
to  this  time,  the  Democrats  had  held  a  majority  in  this 
court.  The  election  of  Judge  O'Rear  now  gave  the 
Republicans  a  majority  of  one,  the  court  standing  four 
to  three  in  favor  of  the  Republicans.  I  felt  then  that 
the  election  of  Judge  O'Rear  was  to  me  a  godsend; 
and  future  events  will  show  that  I  was  not  mistaken. 

On  February  fifth,  the  day  before  the  time  set  for 
hearing  the  motions  in  the  Youtsey  case  —  one  for  a 
new  trial  and  the  other  to  inquire  into  his  mental  condi- 
tion —  he  was  transferred  to  Georgetown,  and  from 
thence  to  the  state  prison  at  Frankfort.  His  attorneys 
had  dismissed  both  motions;  he  desired  to  accept  his 
sentence.  My  fears  were  thus  confirmed,  but  I  con- 
gratulated myself  that  my  forethought  had  made  it 
possible  to  save  myself  now  from  any  contingency 
that  might  arise  from  this  move.  I  was,  at  the  same 
time,  transferred  to  the  Frankfort  jail. 


CHAPTER  XXXIII 

A  NEW   TRIAL  GRANTED 

Four  Republican  appellate  judges  grant  Howard  and  myself 
new  trials  —  Colonel  W.  C.  P.  Breckinridge's  arraignment 
of  the  Democratic  judges  —  Continuation  of  the  prosecu- 
tion's "  Hang  and  damn  "  policy  —  Captain  Ripley's  ac- 
quittal —  Judge  Cantrill's  famous  charge  to  the  Grand 
Jury. 

For  some  time  I  had  been  daily  expecting  the  deci- 
sion of  the  court  of  appeals.  There  was  nothing  to  do 
but  wait ;  and  there  is  nothing  so  wearying  or  so  wear- 
ing as  simply  waiting.  On  March  twenty-eighth, 
however,  my  suspense  was  at  an  end ;  the  court  of  ap- 
peals handed  down  decisions  in  Howard's  case  and  in 
mine,  reversing  the  judgments  of  the  lower  courts  in 
both,  and  deciding  that  both  of  us  had  received 
illegal  and  unfair  trials.  The  court  had  divided  along 
political  lines  in  my  case.  The  four  Republican 
judges  concurred  in  the  majority  opinion  in  favor  of 
a  reversal,  while  the  Democratic  judges  voted  to  sus- 
tain the  lower  court,  and  handed  down  a  strong  dis- 
senting opinion,  in  which  they  took  the  position 
that  I  was  guilty  of  the  crime  charged  against  me  and 
that  my  substantial  rights  had  not  been  violated.  The 
dissenting  opinion,  stripped  of  legal  verbiage,  said  that 
whatever  errors  the  lower  court  had  made  in  the  trial 
of  my  case,  they  were  not  of  serious  moment,  as  I  was 
a  guilty  criminal  and  had  received  no  more  than  my 
225 


226  MY  OWN  STORY 

just  deserts.  This  decision  was  a  severe  blow  to  me. 
If  members  of  the  highest  court  of  the  state  should  put 
themselves  on  record  as  believing  in  my  guilt,  what 
could  be  expected  of  the  average  Democratic  layman, 
who  might,  in  the  future,  be  called  upon  to  pass  upon 
the  merits  of  my  case,  in  the  capacity  of  a  juror?  I 
do  not  state  it  as  a  fact,  but  I  am  told  by  lawyers  of 
unquestionable  ability  that  mine  is  the  first  felony  case 
in  the  history  of  the  state  of  Kentucky  where  any 
appellate  judge,  handing  down  a  dissenting  opinion, 
ever  took  the  position  that  the  appellant  (defendant) 
was  guilty  of  the  crime  charged  against  him,  and  that 
his  punishment  was  deserved.  While  it  is  true  that 
members  of  the  appellate  court  often  differ  upon  propo- 
sitions of  law,  in  felony  as  in  civil  cases,  yet  rarely,  if 
ever,  do  they  throw  the  weight  of  their  personal  influ- 
ence, as  well  as  the  influence  of  their  official  position 
against  a  fellow  creature,  struggling  for  his  life. 

Colonel  W.  C.  P.  Breckinridge  said  of  it  editorially, 
in  the  Morning  Herald:  "  We  regret  the  argument 
made  by  Judge  White  to  establish  the  guilt  of  Caleb 
Powers.  The  argument  made  by  him,  and  concurred 
in  by  the  other  judges,  is  capable  of  being  construed  to 
be  prepared  for  the  purpose  of  justifying  another  jury 
in  finding  him  guilty,  and  is  meant  to  give  the  weight 
of  the  official  and  personal  character  of  these  gentle- 
men to  the  prosecution.  Under  the  act  known  as  the 
Hardin  Law,  which  was  an  ill-advised  law  and  has 
been  the  cause  of  much  bad  law  in  the  decisions  of  the 
court  of  appeals,  these  judges  have  felt  that  they 
had  the  right  to  pass  upon  the  facts  as  well  as  upon 
the  law  and  to  decide  whether  errors  made  by  the 
court  below  were  prejudicial  to  the  substantial  rights 


A  NEW  TRIAL  GRANTED  227 

of  the  defendant.  They  have  construed  this  phrase 
'prejudicial  to  the  rights  of  the  defendant'  to  mean, 
that  if,  in  the  judgment  of  the  court  of  appeals,  the 
defendant  ought  to  have  been  convicted  and  was  con- 
victed, no  error  was  prejudicial.  Of  course,  many 
people  will  agree  with  the  conclusion  reached  by 
Mr.  Justice  White  that  the  errors  committed  by 
the  circuit  judge  were  not  prejudicial  to  the  sub- 
stantial rights  of  Mr.  Powers,  for  two  reasons :  First, 
because  one  class  of  those  who  agree  with  him  believes 
that  Mr.  Powers  is  guilty,  and  ought  to  be  punished; 
second,  the  other  class  is  certain  that  the  jury  would 
have  convicted  Mr.  Powers,  no  matter  what  tes- 
timony was  admitted  or  rejected,  or  what  instructions 
the  court  gave  or  refused;  and  that  the  conclusion 
would  have  been  precisely  the  same,  if  the  ruling  of  the 
judge  had  been  free  from  error.  But  this  is  not  the 
law.  This  is  not  what  the  statute  was  framed  to  ac- 
complish, and  this  opinion  of  these  gentlemen  can  have 
no  other  effect  than  to  be  used  to  justify  the  officers  of 
the  lower  court  in  the  partizan  selection  of  a  jury,  and 
to  justify  the  jury  in  finding  Mr.  Powers  guilty,  even 
if  illegal  testimony  be  introduced  and  illegal  instruc- 
tions be  given. 

"  We  confess  to  a  keen  disappointment  that  the  re- 
versal in  the  Powers  case  did  not  receive  the  assent  of 
the  Democratic  judges.  Our  conception  of  the  errors 
in  that  case  was  so  strong  that  it  did  not  occur  to  us  as 
possible  that  the  reversal  did  not  receive  the  assent  of 
some  of  the  Democratic  members  of  the  court.  The 
errors  committed  by  the  trial  judge  in  admission  of 
the  testimony  seemed  to  us  so  glaring,  so  numerous,  so 
shocking,  that  we  have  never  been  able  to  believe  that 


228  MY  OWN  STORY 

a  judge  of  the  court  of  appeals  would  sustain  these 
rulings.  We  thought  it  possible  this  might  have  been 
done  a  year  ago  under  the  excitement  which  has 
seemed  to  possess  and  control  the  court  of  appeals,  as 
fully  as  it  did  the  most  conscienceless  members  of  the 
Legislature.  The  instructions  given  by  the  circuit 
judge  were  substantially  peremptory  instructions  to 
find  for  the  Commonwealth;  in  form  it  left  the  ques- 
tion of  Mr.  Powers'  guilt  to  the  jury,  but  in  substance 
took  that  question  away  from  the  jury  and  substantially 
ordered  the  jury  to  find  him  guilty  of  the  murder  of 
Mr.  Goebel,  if  he  was  in  any  way  involved  in  bring- 
ing the  mountaineers  to  Frankfort.  These  instruc- 
tions will  be  condemned  by  every  lawyer  who  has  any 
conception  of  criminal  law  anywhere  in  the  world 
outside  of  Kentucky,  and  if  any  judge  of  the  court  of 
appeals  has  put  himself  on  record  as  approving  these 
instructions,  he  will  never  recover  from  its  effect,  and 
it  will  remain  a  blemish  upon  his  judicial  reputation 
for  both  learning  and  fairness  as  long  as  the  opinion 
remains  a  part  of  the  judicial  records  of  the  state." 

After  studying  carefully  the  opinion  in  my  case,  as 
published  in  the  Evening  Post,  I  gave  out  an  interview 
to  a  reporter  for  that  paper,  in  which  I  said :  "  It  is 
not  the  duty  of  the  Republican  party  or  those  who  vote 
with  it,  to  run  down  the  assassin  of  Senator  Goebel. 
That  duty  devolves  upon  the  prosecution  in  these 
cases ;  but  the  prosecution  has  not  done  this,  and  in  all 
probability  never  will.  This  being  true,  the  Republi- 
can party  will  have  to  do  it  or  suffer  for  it." 

I  wished  to  impress  upon  the  Republican  party  and 
my  friends  through  the  state,  that  the  surest  road  to 
relief  for  me  was  for  them  to  assist  in  trying  to  ex- 


A  NEW  TRIAL  GRANTED  229 

pose  the  murderer  of  Mr.  Goebel.  It  was  not  to  the 
interest  of  the  Democrats  to  do  this,  but  very  impor- 
tant that  the  Republicans  should. 

The  fact  that  the  prosecution  was  forced  to  try  some 
of  its  own  witnesses  for  perjury  did  not  deter  it,  how- 
ever, from  pursuing  its  "  hang  and  damn  "  policy,  or 
from  trying  other  men  for  alleged  complicity  in  the 
murder  of  Mr.  Goebel.  Captain  Garnett  D.  Ripley,  in- 
dicted at  the  January  term  (1901)  of  the  Franklin  cir- 
cuit court,  and  charged  with  being  an  accessory  before 
the  fact  to  the  murder  of  Mr.  Goebel,  was  the  next  on 
the  list.  It  was  said  at  the  time  of  Ripley's  arrest  that 
he  knew  some  very  damaging  facts  against  Governor 
Taylor.  It  seemed  to  be  the  intention  of  the  prosecu- 
tion to  make  a  witness  of  Captain  Ripley  and  to  give 
him  his  liberty  in  exchange  for  whatever  he  might 
offer.  He  had  been  thrown  into  intimate  relationship 
with  Taylor,  and  was  consequently  in  a  position  to 
know  a  great  many  damaging  things  against  Taylor, 
the  prosecution  argued,  especially  when  his  own  liberty 
depended  upon  this  knowledge. 

But  Ripley  did  not  turn  out  to  be  a  Golden,  a  Noakes 
or  a  Culton.  He  told  me  with  his  own  lips  that  he 
was  offered  immunity  for  testimony,  but  that  he 
promptly  refused.  Ripley  was  not  for  sale.  The 
prosecution,  consequently,  was  forced  either  to  try  him 
or  give  him  bail,  as  it  had  given  Davis,  Combs  and 
Whittaker. 

Nearly  a  year  had  elapsed  since  the  Goebel  murder 
before  Captain  Ripley  was  indicted,  and  more  than  a 
year  before  he  was  arrested.  The  prosecution  could 
not  very  well  afford  to  confess  that  it  did  not  know, 
after  a  year's  investigation,  who  among  all  those  ar- 


230  MY  OWN  STORY 

rested  was  guilty  of  the  Goebel  murder.  From  the 
necessities  of  the  case,  Captain  Ripley  had  to  be  tried. 
The  trial  began  in  April,  and  at  its  conclusion  the  jury 
brought  in  a  verdict  of  "  not  guilty." 

There  were  few  developments  in  the  weeks  that 
passed  until,  on  September  ninth,  1901,  when  Judge 
Cantrill  delivered  his  famous  charge  to  the  Franklin 
grand  jury.  Cantrill  was  at  that  time  in  the  campaign 
for  United  States  senator.  He  was  badly  defeated 
finally,  although  it  was  said  in  his  favor  that  he  had 
rendered  the  Democratic  party  much  service  in  his 
judicial  capacity.  After  the  grand  jury  had  been  im- 
paneled, Judge  Cantrill,  in  his  own  peculiar  vein,  pro- 
ceeded with  his  instructions  which  are  given  herewith, 
in  part,  as  repeated  in  the  daily  press. 

After  alluding  to  the  assassination  of  President 
McKinley,  he  said :  "  It  has  not  been  two  years  since 
this  grand  old  Commonwealth  was  shaken  from  center 
to  circumference  by  a  similar  tragedy.  On  Capitol 
Square,  one  of  the  leading  citizens  of  your  state  was 
shot  down  in  a  similar  manner.  It  is  deplorable  and 
humiliating  to  have  to  admit  that  there  are  certain  ele- 
ments in  Kentucky,  that,  if  they  did  not  openly  ap- 
prove the  act,  were  willing  to  excuse  it.  The  pulpit, 
as  a  rule,  sent  up  no  supplications  to  the  Throne  of 
Grace  that  the  life  of  William  Goebel  should  be  spared 
to  their  Commonwealth.  If  there  were  any  expres- 
sions or  indications  as  to  the  feeling  of  the  pulpit  at 
that  particular  time,  I  know  nothing  of  them ;  and  if 
there  were  any  prayers  to  the  Throne  of  Grace,  they 
were  secret  prayers  that  the  life  of  that  brave  citizen 
should  not  be  spared,  but  that  the  party,  which  was 
making  the  contest  against  him  for  office,  should  be 


A  NEW  TRIAL  GRANTED  231 

his  successor.  I  know  whereof  I  speak.  You  know 
the  character  and  conduct  of  the  pulpit  in  your  com- 
munity at  that  time,  and  I  am  advised,  and  I  know, 
that  throughout  all  the  length  and  breadth  of  the  state 
of  Kentucky,  there  was  no  condemnation  of  anarchy 
nor  was  there  any  denunciation  of  the  assassination. 
I  do  not  want,  nor  do  I  intend,  so  far  as  I  am  con- 
cerned, that  the  people  of  this  Commonwealth  shall 
forget  the  great  crime  and  outrage  which  was  perpe- 
trated within  its  borders."  Referring  to  the  attitude 
of  a  certain  part  of  the  press,  he  said :  "  I  do  not 
hesitate  one  moment  to  denounce  it  as  the  conduct  of  a 
lot  of  treacherous,  cowardly,  libelous  curs,  that  no 
community  ought  to  tolerate." 

It  was  in  such  terms  that  this  wonderful  judge  con- 
tinued his  most  wonderful  charge.  Comment  upon  it 
is  unnecessary.  I  merely  wish  to  add  that  the  judge 
who  delivered  this  remarkable  statement  was  the  one 
before  whom  my  first  trial  had  already  been  held,  and 
before  whom  my  second  was  soon  to  take  place. 


CHAPTER  XXXIV 
AGAIN  BEFORE  JUDGE  CANTRILL 

Governor  Durbin  declines  to  honor  requisitions  for  Taylor  and 
Finley  —  My  second  trial  a  repetition  of  the  first  —  Judge 
Cantrill  refuses  to  vacate  the  bench  —  Twelve  partizan 
Goebel  Democrats  act  as  jurymen  —  Am  again  convicted, 
and  sentenced  for  life 

As  my  case  was  to  be  called  for  trial  on  October 
eighth,  1901,  it  was  necessary  for  the  prosecution  to 
revive  the  partizan  passions  of  the  past.  Cantrill's  in- 
flammatory charge  to  the  grand  jury  had  in  a  measure 
spent  its  force.  Requisition  papers  therefore  were 
again  issued  for  Taylor  and  Finley,  and  this  time  were 
refused  by  Governor  Winfield  T.  Durbin,  who  had  suc- 
ceeded Governor  Mount  as  chief  executive  of  the  state 
of  Indiana. 

As  soon  as  I  arrived  at  Georgetown  for  my  second 
trial,  Cantrill  again  showed  the  cloven  hoof  by  having 
an  order  served  on  the  jailer  forbidding  him  to  allow 
"  either  women  or  preachers  to  see  me." 

My  case  was  called  for  trial  on  Tuesday,  October 
eighth,  1901 ;  and  my  counsel  promptly  filed  a  vigor- 
ous affidavit,  attempting  to  remove  Judge  Cantrill  from 
the  bench.  The  affidavit  stated  in  substance  that 
Judge  Cantrill  was  an  ardent  Democrat,  while  the  de- 
fendant was  a  strong  Republican;  that  the  judge  was 
a  warm  personal  friend  of  the  deceased,  William 

232 


AGAIN  BEFORE  JUDGE  CANTRILL    233 

Goebel;  that  he  (Cantrill)  was  then  a  candidate  for  the 
United  States  senatorship  and  had  not  only  shown 
strong  political  feeling  against  the  men  accused  of 
the  murder  of  Senator  Goebel,  but  was  then  attempting 
to  enhance  his  candidacy  for  the  office  he  sought  by 
his  persecution  of  the  men  accused  of  the  Goebel  mur- 
der ;  that  the  case  made  out  against  me  during  my  first 
trial  and  the  conviction  therein  was  largely  brought 
about  by  the  illegal  and  unjust  rulings  of  Judge  Can- 
trill.  The  affidavit  stated  further  that  the  judgment  in 
my  case  had  been  reversed  by  the  appellate  court,  and 
the  order  of  conviction  set  aside,  because  Cantrill's  rul- 
ings were  found  to  be  illegal,  unfair,  and  prejudicial 
to  my  substantial  rights;  that  Judge  Cantrill  in  his 
recent  charge  to  the  Franklin  County  grand  jury,  took 
advantage  of  the  opportunity  and  made  a  stump  speech 
of  abuse  in  the  guise  of  a  charge  to  the  grand  jury,  in 
which  he  bitterly  attacked  all  those  accused  of  the 
murder  of  Senator  Goebel ;  that  the  recent  order  of  the 
judge  commanding  the  jailer  of  Scott  County  not  to 
"  permit  any  preachers  and  women  "  to  visit  me  was  a 
palpable  exhibition  of  his  enmity  toward  me. 

The  affidavit  also  stated  that  about  fifty-five  per 
cent,  of  the  voters  of  Scott  County  were  Democrats, 
and  about  forty-five  per  cent.  Republicans ;  and,  that  of 
the  latter  not  more  than  twenty  per  cent,  were  negroes ; 
that  Henry  Youtsey,  one  of  the  accused,  was  given  a 
solidly  Democratic  jury  when  he  was  tried  and  con- 
victed ;  that  the  same  was  true  of  James  Howard,  an- 
other accused,  and  that  I  had  been  given  a  solidly 
Democratic  jury  on  my  first  trial. 

Judge  Cantrill  promptly  overruled  the  affidavit,  said 
he  proposed  to  try  the  case,  and  the  selection  of  the 


234  MY  OWN  STORY 

jury  was  begun.  The  same  tactics  were  resorted 
to  by  the  prosecution  as  had  been  used  in  the  selec- 
tion of  all  the  juries  in  the  trials  of  the  Goebel  sus- 
pects—  the  sheriff  failing  and  refusing  to  summon 
practically  any  Republicans  or  Independent  Democrats. 
To  begin  with,  the  jury-wheel  had  been  packed  with 
the  names  of  Goebel  partizans  by  three  partizan  Goebel 
Democrats,  appointed  by  Judge  Cantrill,  and  one  of 
whom,  B.  S.  Calvert,  had  served  on  my  first  jury. 
Out  of  the  two  hundred  names  drawn  from  the  jury- 
wheel,  five  only  were  Republicans ;  these  were  excused 
by  the  court  and  the  Commonwealth  from  jury  service. 

Not  enough  of  the  two  hundred  venire-men,  directed 
to  be  summoned,  of  whom  one  hundred  and  twenty-five 
were  actually  summoned, —  three  of  them  Republicans, 
—  qualified  to  make  up  the  jury,  and  the  sheriff  and 
his  deputies  were  directed  to  go  to  the  adjoining  county 
of  Bourbon  on  a  summoning  tour.  They  were  es- 
corted on  this  mission  by  three  Democratic  office-hold- 
ers of  the  county  of  Bourbon,  who  knew  the  political 
affiliations  of  every  family  in  the  county.  The  Scott 
County  officers,  piloted  by  their  escorts,  passed  by  the 
homes  of  Republicans  and  Independent  Democrats. 
Goebel  Democrats  were  even  selected  and  summoned 
from  the  very  midst  of  groups  of  Republicans  and 
Independent  Democrats.  Among  one  hundred  and 
sixty-eight  venire-men  summoned  from  Bourbon  Coun- 
ty there  were  only  three  Republicans. 

The  result  was  that  when  the  jury  was  finally  made 
up,  it  was  composed  of  twelve  partizan  Goebel  Demo- 
crats. The  trial  then  proceeded.  While  the  witnesses 
and  the  evidence  were  in  many  respects  about  the  same 
as  upon  my  first  trial,  the  prosecution  had  suffered 


Judffe  James  E.  Carurill 

THE  JUDGES   DURING    MY   TRIALS 


Judge  Joseph  E.  Robbins 
Judsje  "  Dan  "  Moore 


AGAIN  BEFORE  JUDGE  CANTRILL    235 

the  loss  of  "  strolling  barber  "  Weaver,  perjured  Fin- 
ley  Anderson  and  lying  Bob  Noakes,  while  the  defense 
introduced  a  number  of  new  and  important  witnesses. 

At  the  close  of  the  testimony  in  the  case  the  opinion 
prevailed  that  the  defense  had  the  advantage.  Even  the 
Courier- Journal  admitted  that  I  made  a  good  witness 
for  myself,  saying :  "  He  kept  his  balance  and  made 
replies  that  were  sharp  cuts  at  the  Commonwealth,  and 
arguments  within  themselves."  While  the  defense 
made  out  a  stronger  case  than  at  the  former  trial,  it 
labored,  nevertheless,  with  almost  insurmountable  dif- 
ficulties. My  filing  an  affidavit  for  the  removal  of 
Cantrill  had  so  nettled  him  that  he  was  even  more  ty- 
rannical than  during  the  first  trial.  He  was  not  on 
speaking  terms  with  some  of  my  lawyers  and  through- 
out the  court  procedure  showed  plainly  how  bitter  was 
his  hatred  for  them.  He  frequently  contradicted  them 
in  regard  to  what  had  occurred  during  the  progress 
of  the  trial,  fined  them  upon  the  slightest  provocation, 
and  issued  capiases  forthwith.  At  the  conclusion  of 
the  arguments  in  the  case,  the  jury  returned  its  verdict, 
and  again  sentenced  me  to  life  imprisonment. 

My  attorneys  filed  their  motion  for  a  new  trial  and 
Judge  Cantrill  promptly  overruled  it.  Then,  turning 
to  me,  he  said :  "  Caleb  Powers,  stand  up.  Have  you 
any  reasons  to  give  why  sentence  should  not  be  pro- 
nounced upon  you  ?  " 

I  replied :  "  I  have  reasons,  sir ;  but  they  will  avail 
me  nothing  in  this  court." 

The  court  then  said :  "  I  now  sentence  you  to  confine- 
ment for  the  remainder  of  your  natural  life,  at  hard 
labor,  in  the  state  penitentiary  at  Frankfort." 

The  judgment  was  then  suspended  pending  an  ap- 


236  MY  OWN  STORY 

peal,  and  my  counsel  was  given  until  the  first  day  oi 
the  February  term  of  court  to  prepare  the  bill  of  ex- 
ceptions. 

Sentencing  me  to  life  imprisonment  did  not  quite 
satisfy  Cantrill's  animosity,  for,  turning  to  the  clerk, 
he  commanded  that  official  to  enter  an  order  transfer- 
ring me  to  the  Franklin  County  jail.  He  then  said 
to  the  sheriff :  "  Remove  the  prisoner."  I  was  heavily 
handcuffed  and  then  marched  through  the  streets  of 
Georgetown,  guarded  by  eight  deputy  sheriffs,  three  in 
front,  three  behind,  and  one  on  each  side  of  me.  Two 
of  the  jurymen  boarded  the  same  train  and  seated 
themselves  just  in  front  of  me.  On  reaching  their 
station,  one  of  them,  T.  E.  Gayle,  arose  from  his  seat, 
and  I  heard  him  say  to  his  companion :  "  I  intend  shak- 
ing hands  with  that  young  man  before  I  leave  the 
train."  He  advanced  toward  me,  grasped  my  hand 
warmly,  and  said :  "  Good-by,  my  friend.  May  God 
bless  you  and  protect  you." 

"  May  He  not  forget  you,"  I  replied,  "  for  there  is 
no  doubt  you  need  His  mercy  more  than  I  do."  And 
so  we  parted. 

That  night  he  slept  under  the  roof  of  his  home,  sur- 
rounded, perhaps,  by  wife  and  loved  ones,  while  I 
lay  behind  the  bars  of  a  bastile,  fettered  and  branded 
as  a  felon. 


CHAPTER  XXXV 

YOUTSEY  AND  THE   PROSECUTION 

J.  B.  Howard's  second  trial  results  in  change  of  sentence  to  life 
imprisonment  —  Berry  Howard's  acquittal  —  Attempts  to 
induce  Youtsey  to  make  a  "  new  "  confession  —  Torture 
at  last  produces  a  statement  that  is  satisfactory  to  the 
prosecution  —  My  own  position  becomes  more  grave 

The  second  trial  of  James  B.  Howard  began  January 
seventh,  1902.  The  work  of  impaneling  the  jury  was 
immediately  begun  and,  when  completed,  the  jury  was 
composed  of  the  inevitable  twelve  Goebel  Democrats. 
When  the  prosecution  closed  its  case,  Howard  had  not 
been  connected  by  any  testimony  with  either  the  al- 
leged principals  in  the  murder  of  Goebel  or  the  al- 
leged accessories.  In  the  end,  however,  the  jury 
returned  a  verdict  of  guilty,  sentencing  the  prisoner  to 
imprisonment  for  life.  Howard's  attorneys  appealed 
the  case. 

Then  followed  the  trial  of  Berry  Howard.  He  had 
been  a  "  fugitive  from  justice,"  as  the  prosecution  ex- 
pressed it,  for  nearly  two  years,  and  during  this  time 
there  had  been  standing  a  reward  for  his  capture  and 
his  conviction.  He  had,  however,  been  finally  arrested 
and  had  no  sooner  been  lodged  in  jail  than  the  prosecu- 
tion sought  to  make  a  star-witness  of  him,  as  it  had  of 
others.  Youtsey's  statement  to  Arthur  Goebel,  that 
Howard  was  one  of  the  principals,  established  the 

237 


238  MY  OWN  STORY 

ground  on  which  the  prisoner  was  approached.  But 
Howard  unhesitatingly  and  positively  declined  to  act 
as  a  witness  for  the  prosecution.  His  arrest  had  not 
been  any  "  fake,"  as  alleged  by  some.  He  did  not  pose 
—  heroic  people  never  do. 

Defeajted  in  their  purpose,  the  attorneys  for  the  Com- 
monwealth, led  by  the  redoubtable  Campbell,  now 
sought  to  make  good  the  charge  against  Howard.  It 
would  never  do,  they  well  knew,  to  give  him  his  free- 
dom without  a  trial.  Nevertheless,  evidence  to  con- 
vict him  was  not  at  hand,  and,  in  this  particular  case, 
could  not  be  procured. 

During  my  first  trial,  it  was  established  by  the  testi- 
mony of  Doctor  G.  W.  Prewitt  and  John  Perkins  that 
Dick  Combs  was  not  in  the  private  office  of  the  secre- 
tary of  state  at  the  time  the  fatal  shot  was  fired. 
Combs,  accordingly,  had  been  released  on  bond.  Yout- 
sey  had  further  asserted  that  not  only  was  Combs  in 
my  office  at  the  time,  but  that  Berry  Howard  was  pres- 
ent also.  At  the  time  Combs  was  admitted  to  bail, 
the  Goebel  press  made  much  of  the  fact,  but  it  neg- 
lected to  give  any  prominence  to  the  fact  that  Howard, 
the  "  fugitive  from  justice,"  was  exonerated  of  all  con- 
nection with  the  crime  by  establishing  an  alibi  with 
similarly  strong  evidence.  Instead,  for  two  years,  he 
had  been  referred  to  as  fleeing  from  arrest,  an  outlaw, 
afraid  to  face  the  charge  against  him.  The  prosecu- 
tion realized  that  a  blunder  had  been  made,  but  that, 
after  the  months  that  had  elapsed  and  the  statements 
that  had  been  made,  there  remained  nothing  to  do  but 
induce  Howard  to  turn  state's  evidence,  or  bring 
him  to  trial.  He  put  an  end  to  negotiations  to  accom- 
plish the  former  himself,  and  the  prosecution,  therefore, 


YOUTSEY  AND  THE  PROSECUTION   239 

hastened  his  hearing.  He  was  acquitted,  the  prosecu- 
tion informing  the  public  through  the  medium  of  its 
faithful  press  that  whenever  a  man  suspected  of  the 
murder  of  Goebel  was  innocent,  he  was  acquitted,  but 
when  guilty,  he  was  convicted. 

After  my  case  had  been  finally  submitted  and  prior 
to  the  November  election,  1902,  at  which  four  Demo- 
cratic judges  of  the  court  of  appeals  had  been  elected, 
a  full  bench  had  scarcely  ever  been  present  in  Frank- 
fort, so  my  case  had  not  been  considered.  During  the 
interval,  or  at  least,  before  my  case  was  passed  upon, 
Henry  Youtsey,  who  was  in  the  state  penitentiary, 
made  two  other  "  confessions."  In  the  third  confes- 
sion, Youtsey  accused  James  Howard  of  shooting  Mr. 
Goebel  from  my  office,  at  the  instance  of  Governor 
Taylor,  myself,  and  others.  It  was  further  intimated 
that  he  implicated  many  other  persons,  some  of  them 
men  of  prominence,  whose  names  had  not  heretofore 
been  brought  into  the  case.  While  the  public  general- 
ly looked  upon  Youtsey's  revised  "  confession  "  with 
much  suspicion,  still  it  had  to  be  reckoned  with.  My 
friends  were  alarmed;  my  enemies  delighted. 

"  Ere  the  snow  flies  before  advancing  spring,  there 
will  be  a  rattling  of  dry  bones  that  will  shake  the 
Commonwealth  from  one  end  to  the  other/'  said  one 
paper. 

"  The  evidence  now  in  the  possession  of  the  Com- 
monwealth will  be  absolutely  damning  against  Howard 
and  Powers,"  said  another;  while  another  said: 
"  They  will  not  live  till  flowers  bloom  again." 

Many  of  my  friends  urged  me  to  dismiss  my  appeal, 
go  to  the  penitentiary,  save  my  life,  and  await  my  vin- 
dication, which  must  come  some  day.  They  insisted 


240  MY  OWN  STORY 

that,  however  innocent  I  might  be,  I  was  liable  to  lose 
my  life  in  the  whirlpool  of  corruption,  political  neces- 
sity and  revenge,  before  the  frenzy  of  the  times  sub- 
sided. They  urged  that  the  Democrats  would  have  a 
majority  on  the  appellate  bench  after  the  first  of  Janu- 
ary, 1903,  and  that,  in  all  probability,  its  Democratic 
members  would  affirm  any  sentence  that  might  be  re- 
turned against  me  in  the  future;  and  that  the  Demo- 
cratic governor  was  already  pledged  to  its  execution, 
whatever  it  might  be. 

It  was  evident  that  Youtsey  had  gone  over  to  the 
prosecution,  body  and  soul,  and  would,  in  the  hope 
of  gaining  his  freedom,  or  relieving  the  horrors  of  his 
situation,  rehearse  on  the  witness-stand  any  part  in 
the  drama  which  might  be  prepared  for  him.  It  was 
known  to  his  friends  that  he  had  been  made  to  suffer 
the  tortures  of  the  damned  while  in  the  penitentiary, 
and  before  he  had  "  confessed."  He  had  shoveled  coal 
into  the  "  fiery  "  furnace  by  the  side  of  two  negro 
companions  during  the  sweltering  days  of  July  and 
August,  1901,  when  the  thermometer  was  ranging  from 
ninety-five  to  one  hundred  and  ten  degrees ;  he  had,  for 
eight  consecutive  Sundays,  according  to  the  statement 
of  his  faithful  wife,  been  locked  up  in  a  dark  cell  and 
fed  on  bread  and  water,  while  other  prisoners  enjoyed 
the  freedom  of  the  grounds  and  their  Sunday  dinner; 
at  other  times,  he  was  forced  to  wear  the  ball  and  chain 
and  was  subjected  to  even  greater  torture  and  humilia- 
tion. He  was  carried  from  the  life-killing  boiler-room 
to  a  dangerous  machine  shop,  where  he  became  en- 
tangled in  the  machinery,  losing  part  of  one  hand  and 
almost  his  life.  He  began  to  die;  he  told  the  warden 
that  he  could  not  live  without  better  treatment  and  bet- 


YOUXSEY  AND  THE  PROSECUTION  241 

ter  food.  The  warden  urged  him  to  "  confess ;"  in- 
creased his  labors  and  hardships,  and  told  Mrs.  Yout- 
sey  that  her  husband  knew  how  his  burdens  could  be 
lightened.  Youtsey  told  her  he  could  not  live.  She 
implored  him  to  act  honorably,  and  tell  the  truth  fear- 
lessly upon  all  occasions  and  under  all  circumstances. 
She  had  visited  him  frequently  after  his  incarceration, 
until  the  winter  and  spring  of  1902,  when  her  visits 
were  curtailed  by  the  penitentiary  authorities ;  and  soon 
she  was  refused  the  privilege  of  seeing  her  husband  at 
all.  Even  the  Cincinnati  Enquirer,  November  fif- 
teenth, said,  in  speaking  of  Mrs.  Youtsey  after  she  had 
paid  a  visit  to  the  penitentiary :  "  She  suffered  a 
severe  nervous  and  hysterical  attack,  the  attention  of 
physicians  being  necessary.  It  is  said  that  this  was 
caused  by  learning  that  her  husband  had  been  flogged." 
The  cruelties  and  tortures  to  which  Youtsey  was  being 
subjected  were  generally  known ;  and  it  was  freely  said 
that  he  had  agreed  to  swear  to  anything  in  the  hope  of 
alleviating  the  misery  of  his  condition,  and  possibly, 
in  time,  gaining  his  freedom.  As  a  matter  of  fact 
from  the  very  moment  of  Youtsey's  arrest,  the  public 
looked  upon  him  with  suspicion.  As  one  wayward 
step  destroys  a  character  which  has  been  "  as  chaste  as 
ice,  as  pure  as  snow,"  so  the  alleged  confession  of 
Youtsey  to  Arthur  Goebel  and  Tom  Campbell,  on  the 
night  of  his  arrest,  took  from  him  whatever  respect  he 
had  gained  for  himself  through  life.  According  to  his 
alleged  confession,  which,  at  that  time,  was  not  fully 
credited,  he  was  either  both  a  murderer  and  a  traitor, 
or  was  telling  a  falsehood  upon  innocent  men  to  save 
himself  from  punishment.  It  turned  out  that  he  had 
made  false  statements  then,  and  implicated  a  number 


242  MY  OWN  STORY 

of  innocent  men,  trying  to  shield  himself.  He  did  not 
gain  much  in  public  opinion  in  the  months  which  fol- 
lowed his  arrest,  and  to  hold  him  as  much  as  possible 
above  reproach,  his  close  friends  bitterly  denied  that 
he  had  made  a  confession  or  knew  anything  to  con- 
fess. When  my  first  trial  came  up,  July,  1900  —  and 
conference  after  conference  was  held  between  Yout- 
sey's  friends  and  the  lawyers  for  the  prosecution  for 
the  purpose  of  agreeing  upon  terms  to  gain  immuni- 
ty in  exchange  for  Youtsey's  testimony,  the  faith  of 
those  who  had  believed  in  his  integrity  received  an- 
other blow,  although  these  conferences  and  their  pur- 
pose were  kept,  to  a  great  extent,  sub  rosa.  When, 
on  a  plea  of  illness,  Youtsey  had  succeeded  in  evad- 
ing trial  till  October,  1900,  and  then,  in  the  midst 
of  the  testimony  for  the  prosecution,  had  a  "  connip- 
tion "  fit,  and,  during  the  remainder  of  his  trial,  lay  on 
a  couch  in  an  apparently  comatose  condition,  many  lost 
confidence  in  his  innocence,  though  others  believed  that 
his  pretended  fit  was  genuine.  When,  however,  after 
conviction,  he  refused  to  prosecute  his  appeal,  and 
accepted  imprisonment  for  life  without  protest,  the 
consensus  of  opinion,  even  among  Republicans,  was 
that  he  was  guilty.  After  his  incarceration,  it  was  per- 
sistently rumored  that  he  was  to  become  a  witness 
in  the  Goebel  cases,  and,  as  he  had  never  testified 
in  his  own  or  any  of  the  other  cases,  he  was  in  a  posi- 
tion to  tell  a  fresh  story  woven  by  the  inimitable  Tom 
Campbell  to  fit  the  matured  theory  of  the  Common- 
wealth. As  the  private  secretary  of  Auditor  Sweeney, 
he  had,  necessarily,  since  the  contest  began,  come 
in  contact  in  a  social  or  business  capacity,  with  many 
men,  and  possibly,  some  prominent  in  the  councils  of 


YOUTSEY  AND  THE  PROSECUTION  243 

the  party.  At  such  times  and  places  as  he  chanced  to 
see  them,  he  could  easily  put  in  the  mouth  of  any  one 
of  them  any  statement  regarding  the  assassination  of 
Senator  Goebel  that  was  desired  by  the  prosecution. 
This  might  be  done  regarding  any  man  who  stood  high 
in  the  Republican  party,  even  men  who  had  never  been 
indicted.  If  men  who  had  never  been  formally 
charged  with  Mr.  Goebel's  murder,  stood  in  danger, 
what  shall  be  said  of  those  who  had  been  tried  and 
twice  convicted  for  alleged  complicity  and  who  must 
be  kept  convicted  in  order  to  substantiate  the  claim  of 
a  Republican  conspiracy?  Three  men  must  be  impli- 
cated by  Youtsey  —  James  Howard,  and  I,  who  had 
been  twice  convicted,  and  Taylor  who  was  a  "  fugi- 
tive from  justice."  The  prosecution  and  the  Demo- 
cratic party  could  not  afford  to  admit  by  Youtsey 's 
failure  to  implicate  us  that  we  were  not  guilty  of  com- 
plicity in  Goebel's  murder;  that  Republican  governors 
of  Indiana  (Mount  and  Durbin)  had  done  right  in 
refusing  to  honor  requisitions  issued  by  the  Democratic 
governor  of  Kentucky;  that  James  Howard  had  been 
sentenced  to  be  hanged  and  I  had  been  sentenced  to  life 
imprisonment,  when,  in  reality,  we  were  innocent  of  the 
charge  brought  against  us.  Such  an  admission  would 
shake  the  faith  of  the  country  in  the  Goebel  jury  trials, 
and  brand  the  courts  as  engines  of  oppression.  I  knew 
*that  the  prosecution  was  compelled,  through  Youtsey, 
to  make  good  its  charge  of  a  conspiracy,  or  confess  to 
the  public  that  it  had  .committed  a  series  of  monstrous, 
unspeakable  wrongs.  This  it  would  never  do.  Never 
would  it  permit  Youtsey  to  say  that  he  had  killed  Goe- 
bel on  his  own  volition,  and  that  no  Republican  official 
was  responsible  for  the  murder.  With  its  reputation 


244  MY  OWN  STORY 

(?)  at  stake,  and  the  saving  of  it  dependent  on  the 
action  of  a  weak,  villainous  convict,  who  was  complete- 
ly in  its  power,  and  at  the  same  time  chafing  at  prison- 
life,  dying  from  its  effects,  and  longing  for  freedom, 
it  was  easy  to  determine  what  would  be  its  course. 
Youtsey,  as  has  been  said,  confessed.  His  second  con- 
fession did  not  meet  the  approval  of  the  prosecution. 
It  was  sent  back  to  him ;  he  burned  it,  and  also  his 
short-hand  notes  of  it.  It  is  said  that  this  confession, 
like  his  first,  did  not  implicate  me  in  the  remotest  way. 
Youtsey 's  torture  was  increased,  and  it  was  not  until 
he  had  made  his  third  and  satisfactory  "  confession," 
to  which  reference  has  been  made,  that  his  hardships 
were  mitigated.  Then  he  was  not  only  relieved  from 
labor,  excused  from  work,  put  in  the  hospital,  fed  on 
the  best  the  prison  afforded,  but  was  relieved  of  his 
stripes,  and  practically  made  free  of  the  prison.  I  felt 
sure  that  if  I  went  to  the  penitentiary,  I  would  event- 
ually be  given  my  liberty,  for  I  knew  then,  as  I  know 
now,  that  the  mystery  surrounding  Mr.  Goebel's  mur- 
der must  some  day  be  cleared  away,  and  the  innocent 
relieved  of  suspicion.  I  was  not  unmindful  then,  or  am 
I  now,  of  the  danger  to  which  I  exposed  my  life  by  re- 
fusing to  dismiss  my  appeal  and  go  to  the  penitentiary ; 
but  I  resolved,  whatever  fate  befell  me,  to  stand  firm 
and  unfaltering  and  to  contend  for  my  rights  and  my 
liberty,  my  integrity  and  my  honor,  if  it  cost  me 'my 
life.  I  was,  and  am  yet,  determined  never  to  appear 
guilty  by  failure  to  fight  my  case  or  in  any  other  way. 
I  will  never  bring  shame  and  disgrace  upon  the  state 
and  a  dead  father's  name  by  a  weak  acquiescence  in  a 
dastardly  charge  of  which  I  am  innocent.  I  resolved 
that  if  the  state  officials  resorted  to  murder,  the  blood 


YOUTSEY  AND  THE  PROSECUTION  245 

and  shame  should  be  upon  their  hands,  not  mine.  I 
was  satisfied  both  before  and  after  Youtsey  made  his 
third  confession,  that  I  would  be  tried  again,  because 
I  felt  sure  that  the  court  of  appeals  would  grant  me  a 
new  trial,  which  it  did  on  December  third,  1902;  but 
the  Democratic  judges  again  handed  down  a  strong 
dissenting  opinion,  in  which  they  said :  "  He  is  posi- 
tively connected  with  the  conspiracy  by  two  confessed 
participants  in  it." 


CHAPTER  XXXVI 
HOWARD'S  THIRD  TRIAL 

Cecil's  remarkable  testimony  —  Youtsey  tells  a  long  story,  but 
fails  to  connect  me  with  the  so-called  conspiracy  to  kill 
Senator  Goebel  —  Admits  having  perjured  himself,  when 
confronted  with  affidavits  —  Is  again  convicted  and  sen- 
tenced 

Howard's  case  was  called  for  the  third  time  on  the 
seventh  of  April,  1903.  After  some  delays,  the  trial 
began  and  Howard  was  provided  with  a  solid  Goebelite 
jury  to  try  him  for  his  life.  The  Commonwealth,  it 
is  needless  to  say,  had  resorted  to  its  usual  tactics  in 
summoning  and  selecting  the  jury. 

The  testimony  of  Cecil  and  Youtsey  afforded  the 
sensation  of  the  trial.  When  Cecil  took  the  stand,  the 
spectators  in  the  court-room  made  every  effort  to  catch 
a  glimpse  of  the  man  who  had  been  heralded  as  one  of 
the  state's  new  star-witnesses.  Over  two  years  had 
passed  since  he  had  been  indicted  for  complicity  in  the 
Goebel  murder ;  for  over  two  years  he  had  been  a  fugi- 
tive —  I  can  not  say  from  justice.  At  last  he  was  on 
the  witness-stand  at  the  instance  of  the  prosecution; 
swearing  to  anything  to  secure  immunity  for  himself. 
His  intelligence  is  far  above  the  average,  and,  judging 
from  his  general  demeanor,  one  would  "never,  suspect 
that  his  life  had  been  that  of  a  desperado  and  criminal. 

Cecil  told  his  story  of  a  proposed  butchery  of  the 
246 


HOWARD'S  THIRD  TRIAL  247 

Democrats  at  Frankfort,  January,  1900,  and  of  his  will- 
ingness to  see  Senator  Goebel  assassinated,  with  the 
nonchalance  of  one  to  whom  murder  plots  were  no 
more  than  plans  for  picnic  parties.  He  asserted  calm- 
ly that  he  had  not  wanted  to  get  into  the  murder  him- 
self, but  that  he  had  not  been  "  particular  how  it  [the 
contest]  was  settled,  so  it  was  settled.  I  wanted  to 
see  Taylor  seated,"  he  said.  He  testified,  however, 
that  he  was  not  a  party  to  the  killing  of  Senator 
Goebel;  that  he  had  never  entered  into  a  conspiracy 
with  anybody  to  bring  about  that  result,  and  knew 
nothing  of  any  plan  or  arrangement  on  the  part  of 
anybody  to  have  Goebel  killed.  Nevertheless,  he  swore 
that  he  was  in  my  private  office  in  Frankfort  on  the 
twenty-ninth  of  January,  and  that  I  told  him  there  that 
I  was  looking  for  a  man  to  come  to  Frankfort  the  next 
morning  to  kill  Goebel,  but  that  he  was  so  little  con- 
cerned about  it  himself  that  he  did  not  ask  me  the  name 
of  the  man. 

Although  the  testimony  of  Cecil,  as  well  as  that  of 
some  other  witnesses  in  other  trials,  was  sensational  and 
would  indicate,  if  true,  that  I  indorsed  murder,  still 
no  witness  had  ever  been  introduced  in  any  of  these 
trials,  either  by  the  prosecution  or  the  defense,  who 
professed  to  know  anything  about  any  murderous 
plot,  if  such  there  was,  which  resulted  in  the  death  of 
Senator  GoebeL  Other  witnesses  had  testified  to  this 
circumstance,  this  one  here  and  that  one  there;' others 
had  told  of  hearing  incendiary  speeches,  and  of  the  lay- 
ing of  murderous  plans  on  the  part  of  divers  individ- 
uals, but  no  witness  had  ever  professed  to  know  any- 
thing about  a  plot  that  actually  resulted  in  the  death  of 
Senator  Goebel,  if  any  such  plot  had  been  formed.  The 


MY  OWN  STORY 

alleged  conspirators  and  murderers,  who  were  accused 
of  planning  and  plotting  to  that  end,  had  never  been 
placed  together  by  any  witness.  The  place  where  the 
conspiracy  to  murder  Senator  Goebel  had  its  inception, 
or  the  persons  present  and  participating  at  its  incep- 
tion, had  never  been  revealed  by  any  witness.  Who 
had  fired  the  fatal  shot,  nobody  knew;  whether  anybody 
had  procured  some  one  to  fire  it,  was  equally  unknown. 
What  the  assassin  received  for  his  service  was  likewise 
speculation.  Who,  if  anybody,  was  present  aiding  and 
abetting  the  assassin,  was  as  much  unknown  as  were 
the  real  conspirators.  In  fact,  the  Goebel  murder  was 
a  mystery. 

It  was  expected  by  those  who  had  not  studied  the 
real  purpose  of  the  prosecution,  that  Youtsey  would 
unfold  the  "  hideous  details  of  the  darkest  crime  in 
Kentucky's  history,"  while  others  felt  that  he  would 
tell  any  story  that  would  assist  in  procuring  his  free- 
dom, or  in  alleviating  the  horrors  of  his  prison  life. 
Whether  Youtsey  would  tell  of  his  own  connection  with 
the  murder  of  Mr.  Goebel,  and  drag  into  it  the  names 
of  innocent  men,  at  the  same  time,  weaving  a  story, 
or  rehearsing  one  woven  for  him,  so  as  to  make  it  stand 
as  a  complete  and  convincing  whole,  was  what  most 
concerned  the  wrongfully  accused.  No  one  knows 
better  the  force  of  stories,  composed  of  half-truths  and 
half- falsehoods,  than  those  who  have  been  the  victims 
of  them.  I  have  already  pointed  out  that  Youtsey's 
situation  in  life,  his  relation  to  the  Taylor  administra- 
tion, his  whereabouts  immediately  following  the  firing 
of  the  fatal  shot,  his  conduct  before  it,  his  conduct 
after  it,  added  to  the  fact  that  he  had  never  testified 
and  was  free  to  state  anything  that  might  fit  the  theory 


HOWARD'S  THIRD  TRIAL  249 

and  further  the  purposes  of  the  prosecution,  made  him 
a  most  dangerous  witness,  and  his  evidence  a  probable 
menace  to  the  lives  of  many  innocent  persons.  It  is 
not,  therefore,  to  be  wondered  at  that  the  court-room 
was  packed  to  suffocation  when  Youtsey,  the  long- 
desired  and  much-heralded  witness,  took  the  witness- 
stand  for  the  prosecution. 

He  did  not  wear  prison  stripes  as  had  been  expected, 
but  appeared  in  a  somber  gray  suit  which  fitted  him 
like  feathers  on  a  wild  duck.  He  is  a  decided  brunette, 
with  small,  weasel-like  eyes.  A  ghastly  paleness, 
always  so  terrible  in  a  swarthy  face,  overspread  his 
features  as  he  took  the  witness-stand.  He  looked 
more  like  a  dead  man  than  a  living  one.  This  death- 
like appearance  continued  all  through  the  first  day  of 
his  examination,  and  during  the  whole  of  the  time  he 
was  on  the  witness-stand  he  had  a  maniacal  expression. 

Youtsey  is  the  only  witness  ever  introduced  by  the 
prosecution  in  any  of  the  Goebel  trials,  who  professed 
to  know  anything  about  a  plot  to  kill  Senator  Goebel 
or  to  be  able  to  give  any  of  its  details.  He  told  at 
length  of  his  various  efforts  to  kill  Senator  Goebel,  of 
his  trying  to  secure  the  service  of  one  Doctor  W.  R. 
Johnson,  and  their  efforts  to  commit  the  dastardly 
deed.  He  also  told  of  ordering  smokeless  powder 
cartridges  and  steel  bullets  for  the  purpose,  and  of 
the  departure  of  Johnson  without  committing  the 
crime.  He  related  in  detail  two  efforts  to  secure  the 
services  of  a  negro  by  the  name  of  Hockersmith  and 
of  the  collapse  of  that  scheme.  He  said  that  he 
had  but  one  talk  with  me  concerning  the  killing  of 
Senator  Goebel,  but  in  that  one  conversation  I  agreed 
to  leave  my  private  office  open  for  the  purpose  of 


250  MY  OWN  STORY 

affording  a  negro  an  ambush,  wherefrom  he  might 
kill  Goebel.  He  said  that,  after  the  negro  scheme 
had  failed,  because,  he  could  not  get  into  my  private 
office,  he  wrote  a  letter  at  Taylor's  instance  to 
James  B.  Howard,  of  Clay  County,  to  come  and  kill 
Mr.  Goebel.  Neither  Taylor  nor  Youtsey  nor  I  knew 
Howard.  He  said  that  Howard  came  on  the  morn- 
ing of  the  thirtieth  of  January,  a  few  moments  before 
Goebel  was  killed,  and  that  after  introducing  themselves 
to  each  other,  he  went  into  my  private  office  through  the 
open  door  leading  from  the  reception-room,  admitting 
Howard  through  the  private  hallway  door,  and  that  in 
a  few  moments  thereafter  Howard  fired  the  fatal  shot. 

Youtsey  did  not  connect  me  even  remotely  with  the 
alleged  Taylor-Howard- Youtsey  conspiracy  to  kill  Mr. 
Goebel.  On  cross-examination  he  said  that  he  did  not 
testify  in  his  own  case,  but  had  had,  during  its  pro- 
gress, a  pretended  fit,  because  he  believed  it  "  the  best 
thing  to  do  under  the  circumstances."  He  said  that 
after  his  incarceration  in  the  penitentiary  he  began  to 
talk  to  those  in  authority  to  find  out  the  next  thing 
to  do.  He  talked  to  Mr.  Lillard,  the  warden,  to  Rob- 
ert B.  Franklin,  the  Commonwealth's  attorney,  to  Judge 
James  E.  Cantrill,  before  whom  he  was  tried,  to  Mr. 
Thomas  C.  Campbell,  and  even  sent  for  and  had  a  talk 
with  Governor  Beckham,  as  a  "  feeler."  He  said  that 
he  told  Governor  Beckham  he  wanted  to  make  a 
"  full  confession."  He  said  the  governor  advised 
him  to  tell  all  he  knew,  but  did  not  promise  him  a  par- 
don, saying  that  he  could  not  compromise  his  office  by 
making  a  promise,  but  did  not  say  he  would  not  grant 
him  a  pardon. 

Youtsey  went  on  to  say  that  when  he  was  arrested 


HOWARD'S  THIRD  TRIAL  251 

and  thrown  into  jail,  he  sent  for  Mr.  Campbell  and 
Mr.  Goebel  and  made  a  statement  to  them  regarding  the 
assassination  of  Senator  Goebel,  and  that  he  told  them 
then  how  he  admitted  James  Howard,  Berry  Howard, 
Dick  Combs  and  Frank  Cecil  into  my  private  office  a 
few  moments  before  the  fatal  shot  was  fired.  Youtsey 
admitted  that  he  had  lied  to  Mr.  Goebel  and  Mr. 
Campbell  upon  that  occasion,  that  he  had  allowed  Dick 
Combs  and  Berry  Howard  to  be  indicted  as  principals 
in  the  Goebel  murder,  upon  his  false  statement,  and 
that  he  had  been  confined  in  jail  with  Dick  Combs 
many  months,  knowing  that  he  was  an  innocent  man, 
yet  had  made  no  effort  to  have  him  discharged  from 
wrongful  imprisonment.  He  admitted  further  that 
he  was  in  the  state  prison  when  Berry  Howard  was  put 
upon  trial  for  his  life,  but  never  revealed  to  any  mem- 
ber of  the  prosecution  the  fact  that  Berry  Howard  was 
innocent  of  that  with  which  he  had  charged  him. 

Youtsey  testified  that  in  his  first  interview  with  Mr. 
Campbell  and  Arthur  Goebel,  he  told  them  he  never 
discussed  with  me  the  killing  of  Senator  Goebel  from 
my  office.  He  said :  "  /  had  selected  the  secretary  of 
state's  office  as  the  place  from  which  the  shot  could  be 
most  safely  fired.  This  was  agreed  upon.  I  did  not 
talk  to  Caleb  Powers  about  this."  It  will  be  seen  that 
in  the  first  statement  he  ever  made  concerning  the  mur- 
der of  Senator  Goebel,  he  positively  says  he  never 
talked  to  me  concerning  it.  He  said  the  door  lead- 
ing into  the  reception-room  from  my  private  office 
was  open  on  the  morning  of  the  tragedy,  but  he  did  not 
state  that  I  had  agreed  to  leave  that  door  open  on  that 
morning  for  the  purpose  of  having  Senator  Goebel 
killed  from  that  office,  or  for  any  other  purpose.  And 


252  MY  OWN  STORY 

the  defense  in  my  third  trial  proved  by  seven  witnesses 

—  one  of  whom  was  a  leading  star  for  the  prosecution 

—  that  the  door  to  my  private  office  was  locked,  which 
Youtsey  said  was  open,  and  through  which  he  said  he 
entered  for  the  purpose  of  admitting  Howard  to  do  the 
murder.     Youtsey  admitted  that,  a  few  days  before  the 
killing  of  Goebel,  he  tried  to  get  from  Walter  R.  Day, 
treasurer  of  state,  three  hundred  dollars  to  settle  the 
contest.     He  admitted  that  he  had  a  talk  with  Culton 
after  the  tragedy,  and  had  asked  Culton  if  he  (Culton) 
could  place  him  (Youtsey)  as  being  in  the  lobby  of  the 
Legislature  at  the  time  of  the  firing  of  the  fatal  shot. 

Then  Youtsey  was  confronted  with  the  signed  state- 
ment he  made  for  Mr.  Kinkead  before  he  was  arrested, 
in  which  he  said  that  he  knew  nothing  incriminating 
against  any  one  accused  of  the  Goebel  murder  and  with 
the  affidavits  he  had  made  exonerating  Howard  and  my- 
self. He  was  forced  then  to  confess  that  he  had  not 
only  told  falsehoods,  but  had  sworn  to  them  before  he 
became  a  witness.  Howard,  when  placed  upon  the 
witness-stand,  denied  under  oath  Youtsey's  statements. 
I  did  the  same.  Taylor  under  oath  by  deposition  did 
the  same.  When  the  testimony  in  the  Howard  case 
was  in  and  the  arguments  completed,  the  jury  returned 
a  verdict  sentencing  Howard  to  life  imprisonment. 
No  sooner  had  the  verdict  in  Howard's  case  been  ren- 
dered than  his  counsel  filed  a  motion  for  a  new  trial, 
which  Judge  Cantrill  overruled. 


CHAPTER  XXXVJII 

MY   THIRD  TRIAL 

Death  of  my  father  —  I  am  not  permitted  to  attend  "his  funeral 
—  Judge     Robbins    supplants    Judge    Cantrill  —  Another 
•  packed  jury  —  Youtsey  and  Cecil  testify  against  me 

While  Howard's  third  trial  was  just  over,  mine  was 
rapidly  approaching.  Howard's  case  was  carried  to 
the  court  of  appeals,  and  after  it  was  affirmed  there, 
was  carried  to  the  supreme  court  of  the  United  States, 
and  has  not  yet  been  passed  upon  by  that  tribunal. 
On  the  first  day  of  the  May  term  of  the  Scott  circuit 
court,  my  attorney  again  moved  that  Judge  Cantrill 
vacate  the  bench  and  order  the  clerk  to  certify  to  the 
governor  that  a  vacancy  existed.  The  Court  refused 
to  vacate  the  bench,  although  the  court  of  appeals  had 
decided  that  he  must  vacate  it.  A  writ  of  prohibition 
was  applied  for  and  the  court  of  appeals  again  decided 
that  Cantrill  should  vacate  the  bench,  which  he  did. 
But  it  was  August  before  my  trial  took  place.  In 
the  meantime,  Governor  Beckham  appointed  Judge 
Joseph  E.  Robbins,  of  Mayfield,  to  act  as  special  judge 
in  my  case.  Sometime  previous  to  this,  a  Democratic 
Legislature,  at  the  instance  of  the  prosecution,  had 
passed  a  law,  giving  the  governor  the  power  to  appoint 
a  special  judge,  when  for  any  reason  the  regular  judge 
could  not  preside,  provided  the  attorneys  in  any  case 
failed  to  agree  upon  one.  The  majority  of  the  attor- 

253 


254  MY  OWN  STORY 

i 

neys  at  the  Georgetown  bar  is  Democratic,  but  is  just 
and  impartial,  and  I  am  sure  that  the  members  of  the 
bar  there  would  have  elected  an  impartial  judge  to  try 
me  had  not  the  old  law  been  changed.  This  new  law 
was  enacted  for  the  purpose  of  closing  against  me 
every  possible  avenue  to  a  fair  and  impartial  judge  — 
a  just  and  honest  trial.  It  was  meant  to  close  the  door 
of  hope  in  my  face.  The  lawyers  for  the  prosecution 
were  not  willing  to  leave  the  selection  of  a  special  judge 
to  chance.  The  power  to  appoint  was  given  to  one, 
of  all  other  men,  most  interested  in  fastening  the  stig- 
ma of  the  Goebel  murder  upon  leading  Republicans  — 
the  last  man  who  could  'be  expected  to  get  away  from 
his  bias,  personal  interest  and  partizanship  and  do  right. 
The  death  of  Mr.  Goebel  made  Governor  Beckham  the 
foremost  Democrat  of  the  state  —  made  him  governor. 
Judge  Robbins  had  presided  over  the  Democratic  con- 
vention at  which  Beckham  was  nominated  to  succeed 
himself  as  governor.  This  was  the  same  Judge  Rob- 
bins  whom  Governor  Beckham  had  appointed  as  a 
special  judge  to  preside  at  my  trial. 

And  while  preparations  were  being  made  for  it,  a 
telegram  reached  me  at  the  Georgetown  jail,  announc- 
ing the  death  of  my  father.  He  had  been  in  poor 
health  for  ten  years,  had  visited  me  but  once  since 
my  incarceration,  and  had  never  been  physically  able 
to  attend  my  trials.  Nevertheless,  his  death  was  sud- 
den. I  immediately  telegraphed  Judge  Robbins,  the 
special  judge  in  my  case,  and  had  my  attorneys  tele- 
phone and  telegraph  him,  offering  to  file  a  bond  of 
fifty  thousand  dollars  if  he  would  permit  me  to  go  to 
my  mother  in  her  grief  and  attend  my  father's  funeral. 
Judge  Robbins  refused  to  grant  my  request. 


MY  THIRD  TRIAL  255 

It  is  best  to  draw  the  veil  of  silence  over  the  sad 
hours  that  followed.  Those  that  have  lost  a  loving 
and  watchful  father  can  realize  my  feelings.  He 
was  sixty-seven  years  old  at  the  time  of  his  death. 
The  shock  of  my  arrest  and  the  grief  caused  by  my 
two  convictions  for  an  atrocious  crime,  of  which  I  am 
innocent,  "  shattered  his  nerves  and  fastened  upon  his 
stooping  form  a  load  of  grief,  which  was  never  lifted 
until  his  trembling,  weakening  years  let  it  fall  at  the 
tomb." 

On  his  way  to  Georgetown,  to  preside  at  my  third 
trial,  which  had  been  set  for  August  third,  Judge 
Robbins  came  by  the  city  of  Frankfort,  and,  after  a 
long  conference  with  Governor  Beckham,  decided  to  re- 
sign his  position  as  a  member  of  the  Democratic  cam- 
paign committee  for  the  approaching  election.  On 
reaching  Georgetown,  he  stopped  at  the  Wellington 
Hotel,  the  rendezvous  of  the  lawyers  and  partizans  of 
the  prosecution.  He  was  soon  imbued  with  and  par- 
took of  the  spirit  of  the  Goebelite  partizans  and  lawyers 
for  the  prosecution.  He  had  held  several  offices  at 
the  hands  of  the  Democrats  of  his  district.  He  had 
indorsed  the  Music  Hall  convention ;  voted  for  Goebel ; 
approved  the  contests ;  and  denounced  the  Republicans 
as  murderers  and  assassins. 

When  my  case  was  called  for  trial  he  made  an 
order  directing  the  sheriff  to  summon  two  hundred 
men  from  Bourbon  County  for  the  purpose  of  doing 
jury-service  in  my  case.  My  attorneys  asked  him 
to  admonish  the  sheriff  to  summon  an  equal  number 
of  each  political  party.  This  request  was  refused. 
My  counsel  then  asked  him  that  the  sheriff  be  in- 
structed to  summon  the  talesmen  as  he  came  to  them, 


256  MY  OWN  STORY 

regardless  of  political  affiliation.  This  he  also  re- 
fused. The  sheriff  and  his  deputies,  accompanied  by 
Democratic  officers  of  Bourbon  County,  then  pro- 
ceeded to  summon  for  jury  service  in  my  case  one 
hundred  and  seventy-six  men  from  the  county  of 
Bourbon,  which  in  1896  gave  McKinley  a  majority 
of  four  hundred  votes  over  Bryan,  and  Taylor  a 
comfortable  majority  over  Goebel,  in  1899.  Out  of 
the  one  hundred  and  seventy-six  men  summoned,  one 
hundred  and  seventy-three  were  partizan  Goebel  Dem- 
ocrats! This  result  was  secured  by  deliberately  fail- 
ing to  summon  the  Republicans,  who  in  many  instances 
lived  along  the  same  roads,  streets  and  pikes  where 
lived  their  Democratic  neighbors  who  were  summoned. 
The  defense  knew  from  this  that  it  would  again  be  im- 
possible to  get  a  jury  not  embittered  by  prejudice  and 
hatred. 

After  the  jury  had  been  finally  selected,  the  defense 
entered  a  motion  supported  by  affidavits,  asking  that 
the  entire  jury  be  dismissed  on  account  of  bias  and 
hostility  toward  the  defendant  and  on  account  of  the 
manner  in  which  it  had  been  summoned  and  selected. 
The  court  overruled  the  motion,  and  the  case  went  to 
trial.  Eleven  of  the  jurors  were  partizan  Goebel 
Democrats,  one,  a  Mr.  Hanley,  had  once  been  a  Re- 
publican. Out  of  the  six  hundred  or  more  summoned 
for  jury  service  in  my  three  trials,  he  was  the  only 
Republican  not  rejected  by  the  prosecution.  And, 
after  he  had  been  accepted  in  my  case,  it  developed  that 
he  had  not  voted  with  the  Republicans  since  the  assas- 
sination of  Mr.  Goebel,  of  whom  he  was  a  great 
admirer,  and,  at  the  time  he  was  trying  me  for 
my  life,  had  hanging  on  the  walls  of  his  room 


MY  THIRD  TRIAL  257 

a  framed  picture  of  the  dead  senator.  No  Republican 
ever  sat  on  any  of  the  other  juries  that  have  tried  other 
men  charged  with  the  Goebel  murder.  There  have 
been  more  than  seventeen  hundred  men  summoned  for 
jury  service  in  the  trials  of  the  Goebel  cases.  Mr. 
Hanley,  the  juror  in  my  third  trial,  occupies  the  unique 
position  of  being  the  only  Republican  ever  permitted 
by  the  prosecution  to  sit  on  any  of  the  juries. 

A  number  of  new  witnesses  appeared  both  for  the 
prosecution  and  the  defense.  Among  them  was  Henry 
E.  Youtsey  and  F.  M.  Cecil  for  the  prosecution.  To 
their  testimony  attention  has  already  been  called.  My 
testimony  was  the  same  in  substance,  and  along  the 
same  lines  as  given  at  my  two  former  trials.  I  denied 
in  toto  the  damaging  statements  attributed  to  me  by 
Broughton,  Cecil,  and  Youtsey.  Some  of  the  new  wit- 
nesses for  the  defense  were  very  important. 

I  have  referred  very  briefly  to  the  testimony  in  this 
and  other  trials,  for  the  reason  that  nearly  all  the 
material  testimony  in  the  case,  both  upon  the  side  of  the 
prosecution  and  the  defense,  is  referred  to  and  quoted  in 
my  argument  to  the  jury,  which  appears  in  full  in  the 
Appendix. 

After  the  testimony  in  the  case  was  in,  and  the  jury 
had  visited  the  scene  of  the  tragedy  and  been  instruct- 
ed by  the  court,  the  arguments  began.  Judge  J.  R. 
Morton  led  off  in  a  brief  and  forceful  argument  for  the 
defense  and  was  followed  by  Samuel  M.  Wilson,  also 
for  the  defense,  in  one  of  the  ablest  arguments  ever 
delivered  in  any  of  the  Goebel  trials.  Mr.  Wilson  was 
followed  by  Colonel  J.  K.  Hendrick  in  one  of  his 
characteristic  speeches,  and  he,  in  turn,  was  followed 
by  Major  A.  T.  Wood,  who  made  some  telling  points 


258  MY  OWN  STORY 

for  the  defense.  Mr.  Campbell,  for  the  prosecution, 
spoke  in  his  usual  semi-political  style,  closing  his  argu- 
ment at  the  afternoon  session  of  the  court.  On  Thurs- 
day, August  twenty-seventh,  I  had  prepared  to  address 
the  jury  in  my  own  behalf,  and  when  the  court  con- 
vened at  seven-thirty  that  night,  it  was  my  turn  to  be 
heard.  Though  I  was  represented  by  able  counsel,  and 
though  it  is  unusual  for  one  accused  of  crime  to  make 
an  argument  before  the  jury,  still  I  felt  that  in  consid- 
eration of  the  circumstances  surrounding  my  case,  I 
was  justified  in  doing  so.  I  felt  that  I  might  as  well 
try  to  bombard  a  fog  as  try  to  win  over  the  packed 
jury  that  was  hearing  my  case.  At  the  same  time  I  had 
been  so  long  branded  as  a  mountain  cut-throat  and 
assassin,  and  the  facts  in  my  case  had  been  so  long  sup- 
pressed and  so  long  misunderstood,  that  I  was  deter- 
mined, at  last,  to  be  heard  in  my  own  behalf,  and,  so 
far  as  I  could,  to  bring  the  reasons  of  my  persecution 
into  the  white  light  of  publicity. 


CHAPTER  XXXVIII 

CONDEMNED 

My  closing  argument  in  behalf  of  myself  —  Crowds  listen  to 
my  review  of  the  case,  in  which  I  arraign  the  prosecution 
—  Jury,  however,  finds  me  guilty,  attaches  the  death  pen- 
alty, and  I  am  sentenced  to  be  hanged  —  Appeal  to  the 
higher  court 

The  fact  that  it  was  my  intention  to  deliver  an  argu- 
ment in  my  own  behalf  had  reached  the  ears  of  the 
vigilant  newspaper  correspondents,  and,  consequently, 
was  well-known  to  the  public.  The  result,  one  writer 
has  expressed :  "  Long  before  the  convening  hour, 
the  spacious  court-room  was  packed  to  suffocation 
with  men  and  women  representing  every  calling  in 
life.  The  matron  and  maid,  beauty,  wealth,  and  pov- 
erty had  congregated  to  witness  a  scene,  the  like  of 
which  had  rarely  occurred  in  the  history  of  all  the  past. 

"  At  half-past  seven  o'clock  in  the  evening,  court 
was  called  to  order.  The  judge  directed  that  the  argu- 
ment proceed.  Mr.  Powers  emerged  from  the  jury- 
room,  with  head  erect,  dauntless  and  brave,  as  he 
pushed  his  way  through  the  mighty  throng  and  began 
his  speech.  Composed  and  calm,  in  a  low  tone  of 
voice,  amid  the  pall  and  silence  of  that  vast  audience 
that  hung  with  bated  breath  upon  his  every  word,  the 
young  prisoner  and  orator  proceeded,  apparently  un- 
conscious of  the  gravity  of  the  occasion.  He  spoke 

259 


260  MY  OWN  STORY 

until  nine-thirty,  when  court  adjourned  until  the  fol- 
lowing day.  The  interest  aroused  by  Mr.  Powers' 
first  appearance  before  the  jury  was  increased  between 
the  adjournment  at  night  and  the  convening  of  court 
the  next  morning.  Long  before  the  hour  for  the  con- 
vening of  court,  the  court-room  was  jammed  with 
sweltering  humanity  —  all  bent  upon  hearing  every 
word  the  defendant  might  say  in  conclusion  of  that 
splendid  speech  begun  the  previous  evening.  Mr. 
Powers  resumed  his  argument  at  nine  o'clock,  speaking 
until  noon.  Beginning  again  at  one-thirty,  he  con- 
cluded at  three-thirty,  having  spoken  nearly  seven 
hours  in  all." 

I  began*  by  apologizing  to  the  jury  for  taxing  its 
patience  with  another  argument.  I  called  attention  to 
the  silence  I  had  preserved  despite  two  adverse  ver- 
dicts, discussed  in  detail  the  political  aspect  of  my 
prosecution.  I  said,  in  substance,  that  my  guilt  or  in- 
nocence since  my  arrest  had  been  made  issues  upon 
which  men  had  sought  political  nomination  and  offices. 
I  asserted  that  juries  had  been  packed  against  me,  and 
called  attention  to  the  fact  that  the  present  jury,  hear- 
ing my  case,  was  composed  of  eleven  Democrats  and 
one  Republican. 

"  It  has  been  three  years  since  I  was  thrown  into 
jail,"  I  said,  "  charged  with  a  cowardly  assassination. 
During  that  time  the  Legislature  had  hung  over  my 
head  a  reward  fund  of  one  hundred  thousand  dollars  to 
convict  me.  Is  it  any  wonder  that  many  fingers  have 
been  trying  to  get  to  that  fund  ?  Is  it  any  wonder  that 
so  many  have  confessed  for  the  sake  of  immunity? 
Is  it  any  wonder  that  the  man  Cecil  should  confess? 

*  For  my  address  in  full  see  Appendix  C. 


CONDEMNED  261 

Is  it  any  wonder  that  the  weak  Youtsey  should  have 
confessed  after -two  years  in  prison? 

"  It  is  all  the  outgrowth  of  the  inducements  offered. 
My  prosecution,  or  persecution,  has  been  political. 
It  can  not  be  expected  that  the  officers  of  the  Com- 
monwealth will  now  turn  back  or  confess  that  they 
have  prosecuted  me  wrongfully.  They  can  not  do  so 
after  their  treatment  of  me  for  the  past  three  years. 
The  prosecution  is  in  the  confession  business,  but  it  is 
not  making  confessions  itself.  In  two  other  trials  the 
Commonwealth  officers  prosecuted  me  to  conviction, 
and  they  are  now  trying  to  get  you  to  convict  me 
again." 

Continuing,  I  argued  that  if  I  were  acquitted  and  it 
was  afterward  proved  that  I  was  guilty,  Kentucky 
would  be  held  in  contempt  for  a  lax  administration  of 
its  laws ;  but  that  if  I  were  convicted  and  it  later  devel- 
oped that  I  was  innocent,  the  state  would  be  the  more 
keenly  criticized  and  the  more  deeply  disgraced. 

"  It  does  not  matter,"  I  said,  "  if  I  brought  a  thou- 
sand or  ten  thousand  mountain  men  to  Frankfort;  it 
does  not  matter  about  the  use  of  the  military;  it  has 
not  been  shown  in  this  case  that  I  had  anything  to  do 
with  the  man  who  murdered  Senator  Goebel ;  I  had 
nothing  to  do  with  the  military,  and  was  not  a  military 
officer.  The  Court  tells  you  in  his  instructions  that  you 
can  not  believe  one  conspirator  though  he  is  corrobo- 
rated by  another,  unless  they  are  both  corroborated 
by  some  one  else." 

I  took  up  the  testimony  and  declared  that  no  one 
with  any  degree  of  intelligence  whatever  would  have 
permitted  the  use  of  his  house  or  his  private  office  as  a 
place  from  which  the  shot  of  an  assassin  could  be  fired. 


262  MY  OWN  STORY 

I  enumerated  the  names  of  the  persons  arrested  and 
charged  with  this  crime,  but  not  indicted,  and  declared 
that  it  was  not  the  purpose  of  the  Commonwealth  ever 
to  try  John  Davis,  Green  Golden,  Wharton  Golden,  W. 
H.  Culton,  Dick  Combs,  or  Holland  Whittaker.  I 
referred  to  the  acquittal  of  Berry  Howard  and  Garnett 
Ripley  and  to  the  fact  that  the  Commonwealth  had  ad- 
mitted to  bail  all  of  the  alleged  conspirators,  except 
Howard  and  myself,  who  were  still  in  jail,  and  Taylor 
and  Finley,  who  had  fled.  I  pointed  out  also  that  all 
those  people  named  in  the  indictment  with  me  were 
now  at  liberty  except  myself,  and  that  the  officers  of  the 
Commonwealth  were  insisting  on  the  trial  of  no  one 
but  myself. 

"  If  there  is  a  bit  of  evidence,"  I  said,  "  in  this  case 
to  show  that  I  knew,  or  had  ever  seen,  Jim  Howard 
before  the  day  on  which  Senator  Goebel  was  shot,  I  will 
admit  that  I  am  guilty  and  agree  to  a  verdict  of  convic- 
tion. The  only  man  who  connects  me  in  any  manner 
with  Howard  is  Cecil,  who  told  you  that  I  said  to  him 
a  man  was  to  come  down  from  the  mountains  the 
next  day.  Youtsey  told  you  that  I  was  to  stay  out 
of  my  office  that  day,  but  he  did  not  tell  you  that  I  had 
been  told  by  either  himself  or  Taylor  that  Jim  Howard 
or  anybody  else  was  to  do  the  shooting.  I  didn't  know 
Jim  Howard;  I  didn't  know  Holland  Whittaker;  I 
didn't  know  '  Tallow  Dick '  Combs ;  I  didn't  know 
Berry  Howard.  That  disposes  of  four  of  the  five 
men  whom  the  Commonwealth  says  I  secured  to  do 
the  shooting.  That  leaves  only  Henry  Youtsey  that  I 
could  have  secured.  I  will  leave  it  to  the  testimony  in 
this  case  to  decide  whether  I  was  in  any  conspiracy  to 
secure,  or  if  I  did  secure  Youtsey  to  do  the  shooting. 


CONDEMNED  263 

This  testimony  will  show  that  I  never  met  Henry 
Youtsey  before  January  first,  1900.  It  will  also  show 
that  he  never  had  a  word  with  either  me  or  my  brother 
relative  to  shooting  Goebel  from  my  office  or  elsewhere 
on  the  thirtieth  of  January,  1900." 

Speaking  of  my  speech  the  Courier-Journal  said: 
"  In  conclusion  Powers  pictured  for  the  jury  his  life  in 
prison  for  nearly  four  years.  He  declared  that  he  is 
not  guilty  of  any  part  in  the  crime  charged,  and  that 
all  the  jurors  and  witnesses  that  could  be  called  would 
never  change  his  innocence  to  guilt.  He  declared 
that  he  sought  no  mercy,  but  only  justice  at  the  hands 
of  the  jury,  and  then  made  a  strong  plea  for  mercy  in 
his  case,  and  for  his  acquittal,  picturing  his  aged 
mother  in  her  mountain  home  awaiting  the  verdict  of 
the  jury." 

At  the  conclusion  of  my  argument,  Mr.  Franklin,  at- 
torney for  the  Commonwealth,  made  the  closing  ad- 
dress in  behalf  of  the  state.  He  delivered  an  eloquent 
speech  and  the  jury  retired  immediately  to  consider 
its  verdict. 

The  next  day  it  found  the  following : 

"  We,  the  jury,  agree  and  find  the  defendant  guilty 
and  fix  his  punishment  at  death." 

While  I  knew  that  the  jury  had  been  chosen  to  con- 
vict, and  that  a  failure  to  do  so  would  brand  the  entire 
prosecution  as  a  gigantic  farce,  still  I  was  shocked  be- 
yond the  power  of  pen  to  tell  at  the  appalling  infamy 
of  such  a  verdict. 

The  court,  upon  the  reading  of  the  finding,  com- 
manded me  to  stand  up,  and,  after  calling  attention  to 
the  paragraphs  of  the  indictment  and  citing  the  fact 
that  I  had  been  convicted,  he  asked  me  in  the  custom- 


264  MY  OWN  STORY 

ary  form  whether  I  had  any  reason  to  give  why  sen- 
tence should  not  be  passed  upon  me.  To  this  I  re- 
plied : 

"  I  am  not  guilty,  Judge." 

"  If  that  statement  be  true,"  responded  the  court, 
"  it  is  a  terrible  calamity  for  you  and  for  the  state." 

He  then  directed  that  I  be  returned  to  the  George- 
town jail  and  there  confined  until  the  twenty-fifth  of 
November,  and  then  be  taken  out  and  "  hanged  by  the 
neck  until  dead."  He  gave  my  attorneys  until  the 
eighth  day  of  October  to  prepare  and  file  their  bill  of 
exceptions.  This  was  done  and,  later,  the  transcript 
was  prepared  and  filed  with  the  clerk  of  the  court  of 
appeals.  Thus  I  was  granted  a  respite  until  my  case 
could  be  heard  and  decided  by  the  higher  court. 


CHAPTER  XXXIX 

WHERE    MY  CASE   RESTS 

Tragic  end  of  T.  C.  Campbell  and  peaceful  death  of  former 
Governor  Brown  —  Court  of  appeals  for  the  third  time 
declares  my  conviction  illegal  and  unfair  and  grants  me  a 
new  trial  —  I  am  awaiting  the  return  of  reason  and  justice 

With  some  of  its  witnesses  now  self-confessed  per- 
jurers, the  prosecution  was  destined  to  receive  even  a 
more  severe  blow.  This  came  in  the  death  of  Thomas 
C.  Campbell.  At  the  conclusion  of  my  third  trial,  he 
was  in  a  most  wretched  condition  of  health,  and,  in 
truth,  was  so  ill  that  he  was  compelled  to  remain 
seated  during  the  greater  .portion  of  the  time  occupied 
in  delivering  his  argument  to  the  jury.  He  looked  then 
as  though  his  days  on  earth  were  numbered. 

When  the  information  was  conveyed  to  him  that  the 
jury  had  brought  in  a  verdict  of  guilty  against  me  and 
had  sentenced  me  to  be  hanged,  he  sent  the  following 
telegram  to  his  assistant  counsel :  "  Glory  be  to  God 
on  high."  He  little  knew,  perhaps,  when  he  penned 
these  words,  what  short  space  of  time  remained  to  him 
in  which  to  rejoice  over  his  victory  and  the  injustice 
done  his  fellow  man. 

He  immediately  repaired  to  New  York  City,  and, 
joined  by  his  wife  and  son,  started  on  a  cruise  to 
the  Bahama  Islands  in  the  hope  of  recovering  his 
health.  The  yacht  on  which  Mr.  Campbell  sailed,  the 

265 


266  MY  OWN  STORY 

Roamer,  was  wrecked  on  a  coral  reef  at  Rum  City. 
Its  passengers  escaped  with  their  lives,  being  carried 
ashore.  The  beach  where  they  effected  a  landing 
swarmed  with  pirates  and  thieves.  Among  these  Mr. 
Campbell  and  his  family  fell.  The  attorney  was  too 
ill  to  assist  himself  and,  near  death,  he  lay  for  several 
days  in  a  little  hut  built  of  mud  and  oyster  shells,  sub- 
sisting on  nuts  and  quenching  his  feverish  thirst  with 
stagnant  water. 

By  the  time  the  rescue  of  the  passengers  could  be 
accomplished,  Mr.  Campbell  was,  indeed,  in  a  most 
critical  condition.  Aneurism  of  the  heart,  from  which 
he  suffered,  had  been  so  aggravated  by  the  exposure 
and  hardships  he  had  endured,  that  when  he  was  car- 
ried aboard  the  liner,  Orizaba,  he  had  but  few  hours 
to  live.  He  reached  New  York  in  a  dying  condition 
and,  the  day  following  his  arrival,  his  soul  passed  from 
earth.  Thus  ended  a  most  remarkable  career  of  a 
most  remarkable  man.  And,  I  might  say,  in  conclu- 
sion, "  Tread  lightly  on  the  ashes  of  the  dead." 

It  was  only  a  few  weeks  later  that  the  state  of  Ken- 
tucky was  called  upon  to  mourn  the  loss  of  one  of  its 
greatest  sons  —  John  Young  Brown.  In  his  death,  I 
suffered  an  irreparable  loss.  He  was  my  senior  coun- 
sel in  my  first  trial,  and  was  as  true  and  devoted  to  my 
interests  as  he  was  careful,  cautious  and  painstaking 
as  my  attorney.  So  much  was  said  of  him  in  obituary 
notices  at  the  time  of  his  death,  so  much  was  writ- 
ten and  spoken  of  his  brilliant  career  as  an  orator, 
lawyer,  congressman  and  governor ;  of  the  many  noble 
traits  of  his  character  and  of  his  generosity  and  integ- 
rity, that  there  is  little  need  for  me  to  eulogize  him 
here.  In  my  mind,  however,  there  will  remain  for 


WHERE  MY  CASE  RESTS  267 

ever  the  picture  of  this  man  as  he  stood  in  the  court- 
room, pleading  my  cause,  pleading  for  right,  for  justice 
and  for  my  life  in  words  of  such  impassioned  eloquence 
that  even  the  hostile  court,  the  hostile  spectators,  the 
hostile  jury,  heard  him  in  breathless  silence,  held  spell- 
bound by  the  powerful  argument  he  delivered.  His 
zeal  in  my  cause  was  unflagging.  Knowing  him  as  I 
knew  him,  I  am  inclined  to  think  there  will  be  ample 
pardon  for  my  saying  that  he  was  almost  as  great  a 
loss  to  me  as  he  was  to  his  family  and  to  his  intimate 
friends. 

The  fact  that  ex-Governor  Brown  and  Mr.  Campbell 
figured  so  conspicuously  in  the  Goebel  conspiracy 
trials,  and  the  coincidence  of  their  deaths  occurring  in 
such  close  proximity  to  each  other,  naturally  suggest  a 
comparison  of  the  manner  in  which  the  final  summons 
came  to  each.  Mr.  Campbell  was  called  first.  Seek- 
ing health,  he  found  death.  Possessed  of  sufficient 
worldly  means  to  command  every  comfort  and  luxury, 
his  last  days  were  spent  in  the  midst  of  the  most  abject 
poverty,  in  the  center  of  conditions  from  which  even 
the  meanest  of  his  kind  would  shrink.  He  lay  dying  in 
so  destitute  a  state  that  even  a  cup  of  pure  water  could 
not  be  obtained  with  which  to  quench  his  thirst. 

Ex-Governor  Brown,  on  the  other  hand,  died  in  his 
home,  surrounded  by  a  devoted  and  sorrowing  group 
of  those  nearest  and  dearest  to  him.  Anxious  friends 
throughout  the  length  and  breadth  of  his  native  state 
waited  with  sorrow  the  news  of  his  passing.  All  that 
could  be  done  to  prolong  his  life  was  done,  and  when, 
in  the  end,  he  found  that  death  could  not  be  averted,  he 
waited  calmly  and  bravely  until  the  end  wrapped  him 
in  the  everlasting  unconsciousness  of  the  tomb. 


268  MY  OWN  STORY 

Verily  does  it  seem  that  the  closing  days  of  these  two 
lives  exemplified  most  emphatically  the  old  adage, 
prophetic  in  its  solemnity :  "  As  a  man  lives,  so  shall 
he  die." 

It  is  not  impertinent  to  refer  to  my  own  fate.  I 
was  a  man  upon  whom  the  sentence  of  death  had  been 
passed.  The  sensibilities  of  one  in  my  position  — 
horrible  and  awful  as  it  is  —  are  by  no  means 
numbed  by  the  terribleness  of  it,  but,  on  the  contrary, 
are  most  keenly  alive  to  every  pang  so  awful  a  fate 
forces  one  to  suffer.  One  in  such  a  condition  is  alert 
to  every  incident  or  event  that  in  any  way  affects  his 
interests.  It  can  be  readily  imagined,  therefore,  that  I 
learned  with  inexpressible  delight  that  the  state  of 
Kentucky  and  the  nation  at  large  had  received  the  -ver- 
dict found  against  me  with  a  feeling  of  revulsion  and 
horror. 

In  truth,  within  a  comparatively  short  time,  my 
countrymen  were  beginning  to  turn  the  lime-light  of 
investigation  and  publicity  on  Kentucky  jury  trials, 
Kentucky  courts  of  law  and  Kentucky  methods  of 
wreaking  vengeance  on  political  opponents. 

Mr.  Samuel  Hopkins  Adams,  in  McClnre's  Maga- 
zine, fearlessly  exposed  the  hideous  conspiracy  against 
my  life.  Ex-Governor  Frank  S.  Black,  of  New  York, 
Ex-Governor  Richard  Yates,  of  Illinois,  Judge  H.  Clay 
Howard  and  United  States  District  Attorney  R.  D.  Hill, 
both  of  Kentucky,  generously  volunteered  their  services, 
as  counsel,  in  my  further  fight.  They  were  gratefully 
accepted.  Harper's  Weekly,  Collier's,  and  other  peri- 
odicals raised  their  influential  voices  in  my  behalf,  and 
commented  in  no  uncertain  terms  on  the  mockery  of 
the  law  under  which  I  had  been  convicted  and  sentenced 
to  death. 


WHERE  MY  CASE  RESTS  269 

In  the  meanwhile,  my  case  had  been  argued  before 
the  appellate  court,  but  no  decision  was  forthcoming 
until  December,  1904,  when,  for  the  third  time,  the 
majority  of  the  court  decided  that  I  had  been  illegally 
and  wrongfully  convicted,  and  determined  that  I  was 
entitled  to  a  new  trial  and  a  fair  hearing ;  but  as  soon 
as  one  of  the  Republican  appellate  judge's  term  expired, 
January  first,  1905,  and  Judge  James  E.  Cantrill,  of 
whom  much  has  been  said,  took  the  oath  of  office  to 
fill  his  place,  the  prosecution  asked  for  a  rehearing  of 
my  case.  Their  petition  was  overruled  March  25. 

If  will  be  remembered  in  connection  with  the  de- 
cision granting  me  a  new  trial  that,  on  the  former  ap- 
peals, my  convictions  had  been  set  aside  by  the  Repub- 
lican members  of  the  higher  court  bench,  while  the 
Democratic  judges  continued  to  vote  against  me.  This 
time,  however,  two  newly  elected  Democratic  judges 
concurred  with  the  two  Republican  members  of  the 
bench  in  granting  me  a  new  trial.  Three  Democratic 
judges  handed  down,  as  on  previous  occasions,  a  dis- 
senting opinion.  They  said,  in  part :  "  The  record 
shows  that  the  appellant  was  (if  not  the  chief  one) 
in  the  conspiracy  which  resulted  in  the  assassination 
of  William  Goebel."  One  Democratic  judge,  how- 
ever, handed  down  a  separate  opinion.  It  was  Judge 
Henry  S.  Barker,  and  in  most  forcible  terms  he 
compared  my  case  with  that  of  Dreyfus,  saying: 
"  Those  conversant  with  current  history  have  seen  a 
highly  civilized  and  generous  people,  under  the  stress 
of  racial  passion,  condemn  without  proof  a  soldier 
charged  with  a  political  crime,  and  sentence  him  with- 
out mercy  to  a  punishment  worse  than  death;  and, 
when  the  storm  had  spent  its  force,  that  judgment  was 


270  MY  OWN  STORY 

annulled,  the  victim  was  released  and  all  the  world, 
to-day,  knows  his  innocence.  I  do  not  believe  that  any 
man  charged  with  a  political  offense,  or  with  an  of- 
fense originating  in  a  political  contest,  who  is  tried  by 
a  jury  composed  of  his  political  opponents,  can  have  a 
fair  and  impartial  trial  within  the  meaning  of  the  law. 
.  The  administration  of  even-handed  justice 
has  no  more  insidious  enemy  than  political  prejudice; 
it  enters  unseen  and  unsuspected  into  the  human  mind 
and  undermines  the  judgment.  .  .  .  Neither 
purity  of  heart  nor  exaltation  of  character  offers  an 
antidote  for  this  deadly  poison.  The  pages  of  history 
are  eloquent  with  the  evils  of  this  passion." 

Thus  are  the  points  of  my  case  disputed,  even  among 
Democratic  judges,  thus  is  my  innocence  or  guilt 
argued,  while,  during  the  contention,  my  health  is  be- 
ing undermined  and  my  life  ebbs  away.  I  await 
the  return  of  the  reign  of  reason  and  justice  and, 
while  I  wait,  my  friends  remain  as  true  and  loyal  to 
me  as  my  enemies  continue  to  be  bitter  and  unjust. 
Friends  have  given  unstintingly  of  both  their  time  and 
means;  from  time  to  time,  they  have  formed  leagues 
and  committees  for  the  purpose  of  raising  funds  for 
my  defense  —  aye,  even  for  my  personal  comfort. 
They  have  upheld  my  cause  and  stoutly  maintained  my 
innocence,  even  when  business  reverses  came  and  social 
ostracism  followed  as  a  result. 

To  all  my  friends  —  faithful  friends  in  all  walks  of 
life,  high  and  low  —  let  me  extend  my  warmest  and 
deepest  gratitude.  To  my  enemies,  let  me  say :  "  If 
you  could  but  understand,  your  censure  would  dis- 
solve itself  into  pity  and  your  tears  would  blot  out 
what  you  once  thought  to  be  a  record  of  my  villainy." 


CHAPTER  XU 

CONCLUSION 

My  story  written  under  difficulties  —  I  am  surrounded  by 
criminals  of  all  degrees  —  Noise  and  impertinent  curiosity, 
instead  of  privacy  —  Five  years  in  prison  and  still  no  final 
determination  of  my  case  —  An  awakening  of  the  people 
at  hand 

To  those  who  may  have  expected,  in  perusing  these 
pages,  to  find  a  work  of  some  little  brilliancy  and  color, 
I  must  address  a  prayer  for  indulgence  while  I  ex- 
plain under  what  conditions  they  were  written.  The 
disadvantages  that  surround  me  seem  to  be  heaped 
mountain-high.  Even  as  I  write  the  closing  lines  of 
my  story  in  the  beginning  of  this  good  year,  1905,  the 
room  in  which  I  am  accorded  little  more  than  cot-space 
is  filled  with  thirteen  other  prisoners  —  murderers, 
thieves,  burglars,  pickpockets,  confidence-men,  men  in 
the  throes  of  delirium  tremens,  and  others  only  a  short 
time  convalescent.  Some  of  these  are  now  clumping 
back  and  forth  across  the  worn  wooden  floor  in  that 
ceaseless  prison  plod  —  the  exercise  that  prevents  the 
man  in  confinement  from  going  insane. 

Behind  a  thin  partition,  an  old  inmate  is  quarreling 
with  a  recent  arrival  over  the  latter's  disinclination  to 
submit  to  certain  of  the  jail  rules  and  regulations. 
Seated  on  a  dilapidated  old  bench,  one  of  the  prisoners 
is  relating  to  his  interested  companions  deeds  of  start- 

271 


MY  OWN  STORY 

ling  adventure  and  narrow  escapes  from  arrest  for 
crimes  he  has  committed,  puffing  the  while  the  noxious 
and  ever-present  cigarette.  Another  finds  an  audience 
before  whom  he  pours  out  the  story  of  his  jealousy  and 
hatred  for  a  fellow  prisoner.  The  flap,  flap,  flap  of 
playing-cards,  together  with  the  sound  of  a  guttural 
voice,  "  I  played  high,"  and  a  piping  one,  "  I  played 
low,"  added  to  the  discordant  notes  of  a  ceaseless  man- 
dolin, are  wafted  over  to  the  lone  corner  of  the  room 
where  I  sit  beneath  a  grim,  heavily  barred  prison  win- 
dow. The  interruptions  caused  by  the  visits  of  curious 
sightseers  have  been  endless.  I  am  not  now  confined 
in  the  same  room  with  negroes,  as  had  been  the  case 
frequently  since  my  incarceration,  but  the  noisy  bab- 
ble and  yowling  of  a  score  or  more  of  them  wells 
up  from  the  corridors  below.  There  is  no  privacy; 
in  five  years,  I  have  scarcely  been  able  to  turn  in  my 
bed,  cleanse  my  body,  strip  for  exercise,  talk  to  my 
friends  or  even  eat  my  meals,  without  every  movement 
being  closely  scrutinized  by  a  horde  of  evil-visaged, 
foul-talking,  ill-bred  criminals. 

It  has  been  under  such  circumstances,  surrounded  by 
such  obstacles,  that  I  have  been  forced  to  live  and 
write  this  narrative.  I  beg  of  the  reader,  therefore,  to 
be  to  its  faults  very  blind  and  to  its  virtues  very  kind. 

Five  years  of  my  life  have  thus  passed  since  my 
wrists  first  felt  the  pressure  of  manacles  and  I  began 
to  view  the  world  and  life  through  the  bars  of  a  prison 
window.  Technically  these  five  years  have  brought 
me  no  nearer  to  the  veiled  finale  of  this  tragedy  of 
prosecution  than  I  was  when  first  I  broke  prison  bread. 
I  am  still  at  the  starting  point  —  in  jail  awaiting  trial. 
It  is  as  though  I  had  been  accorded  no  hearing  in  the 


One  of  my  guards 


John  R.  Pflan/.. 
my  kind-hearted  jailer 


Prisoners  drawing  rations 
Writing  the  closing  lines  of  my  book 
Prisoners  at  breakfast  Telling  stories 

SCENES   IX   MY   QUARTERS    IX   THE   LOUISVILLE  JAIL,   FEBRUARY,  1905 


CONCLUSION  273 

past,  had  never  been  convicted,  and  had  never  been 
sentenced.  Nevertheless,  I  feel  that  I  have  not  lost 
these  years.  The  half-decade  that  has  passed  has 
served  me  not  wholly  with  evil  alone,  for,  in  this 
time,  hatred  and  passion  have  in  a  great  measure  sub- 
sided and  many  friends  have  been  drawn  to  the  sup- 
port of  my  cause.  But,  looked  at  in  even  its  most 
favorable  light,  five  years  of  my  life  have  been  stolen 
from  me  —  five  years,  counting  by  the  months  of  the 
calendar,  but  how  many,  figured  by  the  suffering, 
the  humiliation,  the  agony,  the  desperation  I  have  en- 
dured, only  the  Eternal  Judge  of  all  judges  knows. 

Yet,  withal,  I  have  not  lost  faith  in  the  great  heart 
of  the  great  common  people.  Many  of  them  have  suf- 
fered. Many  of  them,  Democrats  as  well  as  Repub- 
licans, sympathize  with  me  in  my  hours  of  adversi- 
ty. Many  of  them  understand.  And  it  is  not  wholly 
their  fault,  if,  in  many  of  the  rural  districts  of  Ken- 
tucky, the  Democrats  continue  to  hold  a  strong  preju- 
dice against  me  and  are  over-ready  to  convict  me  when 
they  serve  in  the  capacity  of  jurors  hearing  my  case. 
False  ideas  have  been  carefully,  systematically  and 
maliciously  instilled  into  their  minds  and  hearts  by  the 
frenzy  of  a  partizan  press  that  has  lost  its  sense  of 
right  and  justice  to  the  individual  in  its  passionate 
support  of  its  party.  And,  although  my  persecution 
has  been  a  condition  precedent  to  the  promotion  of  any 
Democrat  to  office  and  the  true  test  of  modern  Ken- 
tucky Democracy,  still  time  can  alter  even  this  as  it 
has  already  altered  much.  Even  now  an  awakening 
is  at  hand.  Many  of  those  who  at  first  condemned  me 
unheard,  and  hated  me  without  cause,  are  beginning 
to  realize  that  they  have  been  made  the  victims  of 


274  MY  OWN  STORY 

a  gigantic  political  conspiracy,  having  for  its  end  the 
life  of  an  innocent  man.  They  no  longer  are  willing  to 
continue  as  the  blind  instruments  of  party  passion, 
party  malice  and  party  necessity. 

Whether  the  voice  of  fair  play  and  common  justice 
will  become  sufficiently  loud  in  the  days  to  come  to  ring 
out  through  all  Kentucky  like  an  alarm  bell  in  the 
night  and  thus  rescue  me  at  last  from  the  whirlpool  of 
political  prejudice,  hatred  and  oppression,  I  do  not 
know.  I  am  confronted  with  the  realization  of  the 
hard  fact  that,  to  the  Goebelite  office-holders  and  office- 
seekers  in  Kentucky,  my  conviction  is  still  a  pecuniary 
and  a  political  necessity.  The  one-hundred-thousand- 
dollar  corruption  fund  is  still  at  the  disposal  of  the 
prosecution.  Five  thousand  dollars  of  it  is  still  offered 
for  my  conviction,  right  or  wrong,  the  majority  of 
the  members  of  the  appellate  court  have  held  that  they 
are  estopped  by  section  281  of  the  Criminal  Code  of 
Kentucky  from  granting  me  relief  from  a  "  packed 
jury."  My  acquittal  at  this  late  hour  would  convince 
the  world  that  my  prosecution  had  been  unspeakably 
infamous.  The  prosecution  knows  this.  Many  of  the 
trained  perjurers,  who  have  testified  against  me  on 
former  trials,  will,  in  all  probability,  be  on  hand  to  try 
to  swear  my  life  away  again.  But,  notwithstanding  all 
this,  from  the  gloom  of  a  prison  cell,  I  send  this  mes- 
sage to  the  world: 

I  am  still  an  optimist ;  my  pulse  beats  high  with  hope. 
The  consciousness  of  innocence  and  my  faith  in  the 
wisdom  of  the  world;  in  the  old  adages  that  right 
must  triumph  and  murder  must  out  —  these  are  the 
supports  that  have  borne  me  up  under  the  crushing 
weight  of  the  most  bloodthirsty  cabal  of  modern  times. 


CONCLUSION  275 

Dreyfus?    Mrs.    Maybrick?     They  had  a  chance! 

I  do  not  know  what  the  fecund  womb  of  time  has 
in  store  for  me.  None  can  thrust  aside  the  veil  that 
shields  his  view  from  the  mysteries  of  the  future.  We 
are  drifting,  sailless,  oarless,  across  the  uncharted  seas. 
But,  whatever  may  be  the  shore  to  which  my  bark  may 
bear  me,  I  shall  have,  as  I  have  now,  the  consolation  of 
knowing  that  I  battled  throughout  to  the  very  best  of 
my  ability,  to  the  limits  of  my  power,  against  the  odds 
that  opposed  me  and  the  storms  that  broke  upon  me. 

I  know  that  a  tremendous  force  resides  in  innocence 
and  that  Truth  and  Justice,  sometimes  slowly,  but  al- 
ways surely,  are  marching  on  to  victory.  They  may 
often  tread  with  leaden  heels  and  fail  to  arrive  in  time 
to  prevent  the  havoc  wrought  in  the  abuse  of  their 
name,  but  they  rarely  fail  finally.  But  whatever  fate 
befalls  me,  I  shall  have  in  the  end,  as  I  have  now,  the 
consolation  of  knowing  that  some  day  my  name,  at 
least,  will  be  vindicated. 


APPENDICES 


APPENDIX  A 

ANDERSON'S  AFFIDAVIT 


!S3. 


I,  Finley  B.  Anderson,  on  oath,  state  that  I  was  a  witness 
in  the  Scott  circuit  court  in  July,  1900,  for  the  Commonwealth 
in  the  case  of  the  Commonwealth  of  Kentucky,  versus  Caleb 
Powers,  and  both  on  my  direct  examination  and  cross-exam- 
ination, while  a  witness  upon  the  stand  in  said  case,  I  made 
statements  that  were  false ;  and  now,  in  order,  as  far  as  possi- 
ble, to  make  amends  for  the  injustice  and  the  injury  that  such 
false  statements  resulted  in  to  Caleb  Powers,  whom  I  hon- 
estly and  conscientiously  believe  to  be  innocent  of  the  charges 
of  complicity  in  the  assassination  of  William  Goebel,  and 
moved  hereto,  solely  by  such  desire,  do  voluntarily,  by  my  own 
seeking,  make  this  affidavit. 

Early  in  the  spring  of  1900  I  was  engaged  as  telegraph 
operator  on  the  Knoxville  division  of  the  Southern  Railway, 
and  went  from  Knoxville  to  Barboursville  about  May  tenth. 
There  I  met  Joe  Owens,  who  stated  to  me  that  Mr.  Thomas 
C.  Campbell  wished  to  see  me  in  Cincinnati,  in  relation  to 
becoming  a  witness  against  Caleb  Powers,  who  was  then 
under  arrest.  Owens  also  told  me  that  if  I  would  go  to 
Cincinnati  and  see  Campbell,  I  would  be  given  employment 
there.  Owens  told  me  it  would  not  be  well  for  me  to  be 
seen  going  with  him  to  Cincinnati,  and  by  arrangement,  I 
met  him  at  Corbin,  Kentucky.  Thence  we  went  to  Cincin- 
nati together,  Owens  paying  my  way.  The  statement  made 
by  me  on  the  Powers  trial,  that  I  used  a  pass  on  this  trip, 
was  untrue.  When  we  reached  Cincinnati,  which  was  about 
the  tenth  of  May,  we  went  to  the  Palace  Hotel  and  inquired 

279 


28o  ANDERSON'S  AFFIDAVIT 

as  to  the  whereabouts  of  the  storehouse  of  Lowery  and  Goebel, 
and  being  directed  we  went  to  that  store  and  asked  for  Mr. 
Arthur  Goebel.  We  were  informed  by  a  clerk  at  the  store 
that  Mr.  Goebel  was  not  in;  and  he  asked  us  what  we 
wanted.  Upon  being  informed  that  it  was  in  relation  to  the 
Powers  trial,  he  directed  us  to  Colonel  Campbell's  office. 
Mr.  Campbell  immediately  began  asking  me  questions  about 
the  presence  of  Caleb  Powers  at  the  Anderson  House,  at 
Barboursville,  just  prior  to  January  twenty-fifth,  and  asked  me 
if  Powers  had  said  why  he  was  going  to  take  to  Frankfort  the 
mountain  crowd  of  men.  I  answered  that  he  had,  and  that 
they  were  going  to  intimidate  the  Legislature.  Mr.  Campbell 
then  suggested  to  me  that  Powers  had  also  said  at  that  time 
that,  if  necessary,  he  would  kill  enough  Democrats  to  have 
a  Republican  majority.  I  told  Campbell  at  that  time  that 
Powers  had  not  made  such  a  statement.  In  my  testimony 
at  Georgetown,  I  did  state  it  to  be  a  fact  that  Powers  had 
said  that  if  necessary  the  mountain  men  would  kill  enough 
Democrats  to  have  a  Republican  majority,  but  such  a  state- 
ment upon  the  witness-stand  was  untrue.  Mr.  Campbell  then 
told  me  that  Owens  had  told  him  that  I  had  said  that  Caleb 
Powers,  at  the  Hotel  in  Barboursville,  prior  to  January  twen- 
ty-fifth, had  used  these  words,  speaking  of  William  Goebel: 
"  If  we  can  not  get  him  killed,  and  if  it  is  necessary,  I  will 
kill  him  myself."  I  said  to  Mr.  Campbell  that  I  had  never 
told  any  one  any  such  thing;  and  that  Powers  had  not  made 
such  a  statement  to  me,  or  any  statement  resembling  it  in 
any  way.  Campbell  and  Owens  insisted  that  I  had  made 
such  a  statement ;  and  I  afterward,  upon  Campbell's  suggestion, 
sat  down  and  wrote  out  a  statement  in  which  I  included 
the  foregoing  statement  of  Powers',  which  was  untrue  in 
every  particular;  and  upon  the  trial  of  Caleb  Powers,  I 
swore  to  it  as  a  fact,  when  in  truth  it  was  not  a  fact.  I 
remained  in  Cincinnati  after  this  conversation  with  Mr. 
Campbell;  and  some  time  after  that,  Mr.  Arthur  Goebel, 
in  his  store,  up  stairs  on  the  fourth  floor,  where  I  had 
gone  at  his  request,  asked  me  if  Powers  had  not,  in  my 
presence,  in  Barboursville,  in  January,  said  to  me  in  substance, 
these  words,  referring  to  William  Goebel:  "They  say  he 


ANDERSON'S  AFFIDAVIT  281 

wears  a  coat  of  mail ;  but  it  won't  do  him  any  good,"  or 
words  similar  to  that.  I  told  Arthur  Goebel  that  Powers  had 
never  said  anything  of  that  sort,  to  the  best  of  my  knowledge. 
He  told  me  to  think  and  see  if  I  could  not  remember  it.  I 
could  not  remember  such  a  remark,  and  I  know  that  Powers 
never  made  such  a  remark,  or  anything  resembling  it,  in 
my  presence;  but  being  urged  by  Arthur  Goebel,  I  finally 
concluded  to  state  that  he  did  make  such  a  statement,  and 
so  swore  upon  the  trial,  which  testimony  was  false.  Before 
making  any  statement  to  Campbell,  Wharton  Golden  told  me 
to  make  it  as  strong  as  possible,  as  they  (referring  to  Camp- 
bell and  Golden)  would  take  care  of  me  and  protect  me. 
I  desire  now  to  say  that  I  had  but  one  conversation  with 
Caleb  Powers ;  and  that  was  in  relation  to  my  going  to  Frank- 
fort with  the  men  on  the  twenty-fifth  of  January,  and  at  no 
place  was  the  name  of  William  Goebel  mentioned  or  referred 
to  in  any  way  or  in  any  manner.  Upon  the  occasion  of  the 
first  conversation  with  Campbell,  or  the  day  after,  I  received 
from  him  ten  dollars  cash ;  and  since  that  conversation,  I  have 
received  from  him,  before  and  after  I  was  a  witness  at  George- 
town in  the  Powefs  case,  various  sums  of  money;  and  I 
have,  since  such  conversations  with  Campbell  and  Arthur 
Goebel,  received  from  Arthur  Goebel  various  sums  aggre- 
gating about  three  hundred  dollars,  and  upon  one  occasion 
ten  dollars  from  Justus  Goebel.  The  last  sum  I  received 
was  on  Tuesday,  October  twenty-third,  1900,  which  was  five 
dollars  given  to  me  by  Mr.  Campbell  at  his  office  in  Cin- 
cinnati. Just  prior  to  giving  me  this  five  dollars,  Campbell 
had  telephoned  to  Arthur  Goebel  to  come  to  his  office,  which 
Goebel  did.  And  when  he  arrived  at  Campbell's  office,  he 
went  into  a  private  room  with  Campbell,  and  Campbell  came 
out  and  handed  me  five  dollars.  I  believe  that  my  testimony 
in  the  trial  of  Caleb  Powers  aided  in  his  conviction ;  and  I  am 
unwilling  longer  to  suffer  in  silence  by  reason  of  the  thought 
that  the  falsity  of  my  statements  have  aided  in  the  conviction 
of  Caleb  Powers.  I  desire  further  to  say  that  F.  Wharton 
Golden  has  received  from  Arthur  Goebel,  in  my  presence, 
various  sums  of  money  at  various  times,  and  that  said  Golden 
is  now  living  near  Cincinnati,  at  a  place  named  Madeira,  under 


282  ANDERSON'S  AFFIDAVIT 

the  assumed  name  of  John  McDonald ;  and  while  said  Golden 
was  living  at  Erlanger,  he  was  under  the  assumed  name  of 
Clark. 

(Signed)  FINLEY   B.   ANDERSON. 

Subscribed  and  sworn  to  before  me  by  Finley  B.  Anderson, 

this  thirtieth  day  of  October,  1900. 
My  commission  expires  January  seventeenth,  1904. 

CLARENCE  E.  WALKER. 


APPENDIX  B 

ROBERT  NOAKES'  AFFIDAVIT 
State  of  Illinois, 


ss. 
Vermilion  County. 

Robert  Noakes,  being  first  duly  sworn  on  his  oath,  deposes 
and  says  that  he  is  the  identical  Robert  Noakes  who  testi- 
fied in  the  case  of  the  Commonwealth  of  Kentucky  against 
Caleb  Powers,  tried  before  Judge  Cantrill,  in  the  circuit 
court  in  Georgetown,  Scott  County,  Kentucky. 

Affiant  further  deposes  and  says  as  follows  :  I  took  an 
active  part  in  the  campaign  between  Taylor  and  Goebel.  I 
was  at  heart  a  very  substantial  Republican,  and  after  the  elec- 
tion felt  that  we,  had  carried  the  state  ;  and  I  was  in  favor  of 
holding  it,  if  we  had  to  resort  to  any  means.  I  took  an  active 
part  in  transporting  men  to  Frankfort  during  the  time  the 
election  commissioners  were  in  session,  and  up  until  the 
inauguration  of  Governor  Taylor  and  the  minor  officers. 
After  inauguration,  when  the  contest  was  filed,  I  was  an 
open  advocate  of  civil  war,  and  devoted  most  of  my  time 
talking  the  same  and  urging  the  people  of  my  section  to  take 
up  arms  and  march  to  Frankfort.  I  was  very  aggressive 
and  made  many  unthoughted  expressions.  I  raised  a  body 
of  mountain  boys  and  went  to  Frankfort  with  them  on  the 
morning  of  the  twenty-fifth  of  January,  1900.  I  stayed 
in  Frankfort  during  the  day  of  the  twenty-fifth  of  January. 
The  day  was  disagreeable  and  my  men  were  expecting  more 
of  me  than  I  was  able  to  furnish  them,  in  the  way  of  bedding, 
board,  etc.  My  wife  and  family  were  urging  me  to  quit  the 
fight  before  I  got  into  trouble,  as  I  had  already  made  a 
considerable  number  of  enemies.  On  the  evening  of  the 
twenty-fifth,  I  went  to  Charles  Finley  and  told  him  that  I 

283 


284         ROBERT  NOAKES'  AFFIDAVIT 

had  decided  to  take  the  men  back  home  and  asked  him  to 
please  make  arrangements  for  a  train.  A  short  time  later, 
Finley  came  to  me  and  told  me  that  the  train  would  be 
ready  about  eight  o'clock.  I  took  my  men  and  returned 
to  the  mountains,  with  the  exception  of  four  hundred  men, 
who  remained  in  Frankfort.  I  went  with  the  men  as  far 
as  Artemus,  and  got  off  there.  I  stayed  at  Artemus  on  the 
twenty-sixth,  and  left  that  evening  for  Norton,  Virginia, 
arriving  there  on  the  morning  of  the  twenty-seventh  and 
taking  up  my  duties  as  conductor  on  the  Louisville  and  Nash- 
ville Railroad.  I  heard  nothing  more  from  Frankfort  until 
the  evening  of  January  thirtieth.  I  then  received  a  message 
from  Colonel  Roger  William  that  Goebel  had  been  shot,  and 
to  hold  my  company  in  readiness  to  move  to  Frankfort.  I 
had  promised  my  wife  that  I  would  not  take  any  further 
hand  in  the  matter,  and  I  did  not  go  to  Frankfort,  but  sent 
a  company  in  charge  of  the  second  lieutenant. 

About  the  time  of  Wharton  Golden's  confession,  several 
persons  informed  me  that  I  would  be  arrested  before  the 
investigation  was  over,  and  one  or  two.  Louisville  papers 
published  the  statement  that  the  detectives  had  secured  suffi- 
cient evidence  to  warrant  my  arrest.  I  saw  the  way  affairs 
were  going;  knew  the  amount  of  money  behind  the  prosecu- 
tion; and  knew  the  bad  character  of  Wharton  Golden,  be- 
lieving firmly  that  he  would  not  hesitate  to  do  anything.  I 
believed  that  they  were  as  liable  to  convict  me  as  any  other 
man  in  the  state. 

Attorney  J.  C.  Maynor,  of  Corbin,  Kentucky,  had  been  my 
attorney  and  legal  adviser  for  many  years,  and  I  regarded 
him  as  an  honorable  man.  I  went  to  him  and  asked  him 
about  the  case.  Maynor  told  me  that  I  would  probably  be 
arrested,  and  that  they  had  considerable  evidence  against  me ; 
although  I  knew  that  I  was  innocent  of  any  conspiracy  to 
kill  Goebel,  and  as  I  have  said  before,  I  knew  that  with 
such  men  as  Wharton  Golden  and  Tom  C.  Campbell  directing 
the  prosecution,  they  were  as  liable  to  convict  me  as  any 
other  man.  Maynor  promised  to  let  me  know  at  any  time 
I  was  in  danger  of  being  arrested. 

About  May  fourteenth,  I  was  in  Corbin  attending  to  some 


ROBERT  NOAKES'  AFFIDAVIT         285 

legal  business;  and  while  there,  I  spent  a  good  part  of  my 
time  in  Maynor's  office.  He  apparently  was  very  uneasy, 
and  advised  me  to  get  my  affairs  in  shape  to  leave  the  country 
on  short  notice.  I  did  as  he  advised  me,  and  returned  to 
my  temporary  home  in  Norton,  Virginia.  I  did  not  see  Maynor 
again  until  June  fourteenth.  In  the  meantime,  I  had  removed 
from  Norton  to  Big  Stone  Gap,  Virginia.  Maynor  came  there 
about  June  fourteenth  and  had  a  talk  with  me.  He  said  that 
he  had  been  to  the  Democratic  convention  at  Louisville;  that 
he  had  met  Justus  Goebel ;  and  that  my  case  looked  rather 
dark,  but  that  if  I  would  go  strictly  according  to  his  advice 
and  not  take  the  advice  of  any  one  else  in  the  world,  he 
would  pull  me  out.  I  promised  to  do  so,  still  believing  that 
he  was  an  honorable  attorney  and  had  only  the  interest  of  his 
client  at  heart.  A  few  days  later,  he  told  me  that  he  had 
made  arrangements  to  meet  Justus  Goebel  at  Knoxville.  I 
first  agreed  to  go  to  Knoxville,  but  then  told  him  to  make 
it  Bristol,  and  finally  decided  to  have  the  meeting  at  Big 
Stone  Gap;  accordingly  Maynor  telephoned  me  to  meet 
Justus  Goebel  at  the  Taylor  House  at  Big  Stone  Gap  about 
the  twentieth  of  June.  I  went  to  the  Taylor  House;  when  I 
arrived,  I  met  Maynor  in  the  office.  He  informed  me  that 
the  gentleman  we  wished  to  see  was  in  to  supper;  and  that 
we  would  just  step  back  into  his  (Maynor's)  room.  I  went 
to  his  room  with  Maynor,  and  was  there  introduced  to  a 
gentleman  who  called  himself  Mr.  Kleinmeyer.  The  gentle- 
man and  I  exchanged  a  few  words,  and  then  Maynor  left  the 
room^as  I  presumed,  to  tell  Justus  Goebel  that  I  was  there. 
The  gentleman  (Mr.  Kleinmeyer)  and  myself  immediately 
entered  into  conversation ;  we  discussed  the  mineral  prospects 
of  the  surrounding  country.  After  we  had  talked  for  some 
little  while  he  remarked  that  the  country  was  too  damned 
near  to  Kentucky  to  ever  amount  to  anything  f  I  asked  him 
why.  He  said  there  were  too  many  murderers  in  Kentucky; 
that  civilized  people  would  not  come  there.  His  remarks 
slightly  offended  me.  I  said  that  I  supposed  he  referred  to 
the  killing  of  Senator  Goebel,  and  he  said  he  did.  I  told 
him  that  I  regretted  that  Goebel  had  been  killed  in  the 
manner  that  he  had;  but  told  him  that  no  man  could  trample 


286        ROBERT  NOAKES'  AFFIDAVIT 

on  the  rights  of  the  people  of  Kentucky  and  expect  to  live. 
He  then  said  that  he  supposed  I  was  a  friend  of  Finley  and 
Caleb  Pouters.  I  told  him  that  I  was.  He  said,  "  Then,  of 
course,  you  believe  that  they  are  innocent  and  ought  to  be 
acquitted."  I  told  him  that  I  did  not  believe  either  of  those 
men  knew  any  more  about  who  shot  Goebel  than  I  did,  and  I 
was  sure  that  I  knew  nothing.  He  asked  me  a  few  more 
questions  about  Powers  and  Finley  in  an  insinuating  way. 
I  very  emphatically  informed  him  that  I  had  advocated  their 
cause  until  the  present  and  was  still  willing  to  take  up  arms 
and  fight  for  them.  At  this  stage  of  the  conversation,  J.  C. 
Maynor  entered  the  room  with  a  sheepish,  hang-dog  ex- 
pression on  his  face,  and  informed  me  that  I  had  been  talking 
to  the  man  that  I  to-day  believe  to  be  the  most  notorious 
scoundrel  in  the  United  States  —  Colonel  Tom  C.  Camp- 
bell. I  immediately  saw  that  my  attorney  was  playing  a 
dastardly  devil  game.  Campbell  told  me  that  outside  of  what 
I  had  said  to  him,  he  could  easily  hang  me  in  the  state  of 
Kentucky;  that  men  were  crowding  him  who  were  anxious 
to  give  the  evidence  against  me.  I  believed  what  Campbell 
said,  and  told  him  that  I  had  no  money  with  which  to  fight 
the  case;  and  that  now  I  would  take  the  shortest  way  out  of 
it,  or  words  to  that  effect.  Campbell  told  me  that  if  I  would 
do  just  as  he  and  Maynor  said,  they  would  get  me  out  of  it 
without  money.  From  that  moment  on,  I  was  completely  in 
the  hands  of  J.  C.  Maynor  and  Tom  Campbell. 

They  arranged  to  have  me  arrested;  and  I  was  arrested 
on  the  twenty-eighth  day  of  June  by  the  chief  of  police  of 
Big  Stone  Gap,  and  turned  over  to  Constable  H.  D.  Harrod, 
of  Frankfort,  Kentucky,  who  had  requisition  papers.  He 
took  me  to  Frankfort  and  put  me  in  jail  on  July  third.  I 
remained  in  jail  three  days.  My  attorney,  Maynor,  called 
on  me  at  the  jail,  and  I  told  him  that  he  must  make  some 
arrangements  to  get  me  out  immediately.  He  did  so,  and  I 
was  released  in  the  custody  of  Constable  Harrod,  and  was 
kept  under  his  guard  until  after  the  case  of  Caleb  Powers 
was  called  for  trial.  I  do  not  know  who  paid  my  guard,  or 
my  board  at  Harrod's  home;  but  I  know  that  I  did  not.  I 
gave  Harrod  ten  or  twenty  dollars  that  -Maynor  gave  me  to 


ROBERT  NOAKES'  AFFIDAVIT         287 

give  to  him.  I  only  paid  Maynor  about  twenty  dollars  for 
his  services.  He  was  at  Frankfort  and  Georgetown  with  me 
the  entire  time.  Tom  Campbell  informed  me  that  Arthur 
Goebel  paid  Maynor  one  thousand  dollars. 

The  first  conversation  that  I  had  with  Tom  Campbell  after 
I  met  him  at  Big  Stone  Gap  was  in  his  room  at  the  Welling- 
ton Hotel,  in  Georgetown.  He  sent  for  me  to  come  to  his 
room.  He  then  informed  me  that  now  they  were  all  going 
to  help  me  get  out  of  the  trouble;  and  that  I  would  be  out 
in  a  few  days.  He  then  told  me  that  he  was  ready  to  take 
my  statement.  The  nervous  strain  that  I  had  gone  through 
with  had  left  me  almost  a  total  wreck;  and  I  was  at  all  times 
furnished  with  stimulants  and  kept  under  the  influence 
of  intoxicating  liquors,  and  was  frequently  on  the  verge  of 
delirium  tremens.  -I  had  never  drunk  to  excess  until  after 
I  was  arrested,  and  from  the  effects  of  the  whisky  that  I  had 
been  taking  and  my  troubles,  I  sometimes  realized  that  I  was 
not  right  mentally.  In  this  condition  I  made  a  statement 
in  Tom  Campbell's  room.  My  lawyer,  J.  C.  Maynor,  was 
in  the  hotel,  and  knew  that  I  was  making  this  statement 
in  Tom  Campbell's  room;  but  never  came  to  the  room. 
Campbell  afterward  informed  me  that  I  had  sworn  to  the 
statement  before  a  notary  public;  but  I  do  not  remember 
of  having  sworn  to  it,  and  I  do  not  believe  that  I  did  swear 
to  it.  Campbell  insisted  that  I  did  and  proved  it  by  a  man 
that  he  said  was  the  notary  public;  this  man's  name  I  do 
not  know. 

At  the  time  I  went  on  the  witness-stand  at  Georgetown 
and  swore  to  the  facts  contained  in  this  statement,  I  was 
still  under  the  influence  of  liquor;  was  almost  a  nervous 
wreck,  and  under  all  circumstances,  was  not  a  responsible 
witness. 

After  the  trial  and  conviction  of  Caleb  Powers,  I  went 
to  Frankfort  with  J.  C.  Maynor  to  prepare  a  bond  for  my 
appearance  to  answer  any  indictment  that  might  be  found 
against  me  by  the  Franklin  County  grand  jury  at  its  next 
term.  We  fixed  up  some  kind  of  a  bond,  and  I  and  J.  C. 
Maynor  signed  it.  We  returned  to  Georgetown  from  Frank- 
fort, and  I  was  anxious  to  leave  Georgetown  and  go  to 


288         ROBERT  NOAKES'  AFFIDAVIT 

Crab  Orchard,  Ky.,  where  my  mother  resides.  This  Arthur 
Goebel,  Tom  Campbell,  and  J.  C.  Maynor  objected  to;  but 
insisted  that  I  should  go  to  Madeira,  Ohio,  with  a  man 
named  Jack  Malloy;  Wharton  Golden  and  his  wife  were 
stopping  at  this  place;  and  Finley  B.  Anderson  had  just 
left  there.  (In  fact,  it  was  a  place  where  Goebel  and  Camp- 
bell had  been  farming  their  star-witnesses).  Anderson  had 
stopped  there  some  four  or  five  weeks,  and  Wharton  Golden 
had  gone  there  shortly  after  he  had  made  his  confession  of 
facts,  which  he  acknowledged  to  me  he  did  not  know,  and 
which  were  false.  When  I  arrived  at  Madeira,  I  was  almost 
totally  without  means  and  immediately  began  to  look  for 
work.  I  went  to  Arthur  Goebel's  place  on  Elm  Street  in 
Cincinnati,  and  asked  him  to  assist  me  in  securing  a  position; 
we  were  then  in  his  private  office;  he  took  me  back  into  the 
rear  of  his  store,  and  we  had  quite  a  long  conversation. 
Goebel  told  me  that  he  did  not  want  me  to  return  to  work, 
but  that  he  wanted  me  to  return  to  Madeira,  Ohio,  and  rest, 
and  think  up  what  I  could  on  the  men  that  were  next  to  be 
tried.  I  told  him  that  I  scarcely  knew  Jim  Howard  and 
Henry  E.  Youtsey.  He  told  me  it  was  not  so  much  what  we 
knew  as  what  we  would  swear;  he  then  took  fifteen  dollars 
out  of  his  pocket  and  gave  it  to  me,  slapped  me  on  the  shoul- 
der and  told  me  to  brace  up  and  mot  weaken,  and  that  every- 
thing would  be  all  right;  that  there  was  a  lot  of  that  one 
hundred  thousand  dollars  left  yet.  I  told  him  that  J  wanted 
nothing  further  to  do  with  the  cases,  and  that  I  was  a  ruined 
man  and  only  wanted  a  chance  to  make  an  honest  living. 
He  told  me  that  I  was  nervous;  to  go  down  and  get  a  drink 
and  return  to  Madeira  and  wait  a  few  days,  and  he  would 
Jix  me  all  right.  I  returned  to  Madeira  and  remained  a  few 
days,  and  again  returned  to  Cincinnati,  in  company  with 
Wharton  Golden.  Golden  told  me  that  he  was  out  of  money, 
and  would  have  to  see  Goebel  and  procure  some  means. 
Golden  left  me  on  Fifth  Street,  in  Cincinnati,  and  I  saw  him 
go  into  Goebel's  place  of  business.  In  a  short  while  he 
returned  and  displayed  some  money.  I  think  there  were  fifty 
dollars.  He  told  me  that  he  had  also  fixed  up  a  check  and 
sent  it  to  the  Wellington  Hotel,  at  Georgetown,  seventy-nine 


ROBERT  NOAKES'  AFFIDAVIT         289 

dollars,  to  pay  his  board  while  there  in  the  Caleb  Powers 
trial.  He  boasted  to  me  that  Goebel  told  him  that  he  could 
get  any  amount  of  money  he  wanted.  He  also  informed 
me  that  Tom  Campbell  had  returned  to  town  and  wanted 
to  see  me;  but  he  said  before  we  went  to  Campbell's  office 
we  would  go  and  get  dinner,  and  something  to  drink.  He 
started  to  the  Manhattan  restaurant  for  dinner,  and  on  the 
way  took  several  drinks.  Golden  always  took  lemon  soda 
and  urged  me  to  take  whisky.  By  the  time  we  reached  the 
Manhattan,  I  was  again  under  the  influence  of  liquor.  We 
ate  dinner  and  started  to  Campbell's  office.  On  the  way 
Golden  told  me  that  he  knew  a  saloon  that  handled  the  finest 
brandy  in  Ohio;  and  that  we  would  go  by  and  sample  it. 
We  went  to  the  saloon ;  Golden  called  for  brandy  for  me,  and 
took  lemon  soda  again  for  himself.  This  was  simply  a  con- 
tinuation of  the  drinking  spell  that  I  had  been  on  since  my 
arrest.  We  went  to  Campbell's  office  and  found  him  there ; 
we  had  a  short  conversation.  Golden  and  Campbell  left  the 
private  office  and  went  into  a  hallway  and  left  me  lying  on 
a  sofa.  They  were  gone  for  some  time,  and  when  they  re- 
turned they  were  accompanied  by  Arthur  Goebel ;  they  all 
three  came  into  the  office,  and  laughed  and  joked  with  me 
about  being  tired.  Goebel  had  a  volume  of  the  evidence  that 
was  taken  in  Caleb  Powers'  case  at  Georgetown.  He  gave  it 
to  Golden,  and  told  him  to  take  it  and  read  it,  so  he  would 
not  make  any  mistakes  in  the  next  trial.  I  afterward  found 
this  book,  containing  the  evidence  of  Wharton  Golden,  which 
he  (Golden)  spent  considerable  time  reading  while  at  Ma- 
deira. On  this  day,  Campbell  asked  me  if  I  were  not  short 
of  funds,  and  gave  me  twenty  dollars;  I  returned  to  Madeira 
and  remained  there  a  few  days;  got  soberer  than  I  had  been 
since  I  was  arrested ;  became  disgusted  with  myself  and  deter- 
mined to  leave  Ohio  and  find  employment.  I  went  from 
Madeira  to  Cincinnati ;  from  there  to  Indianapolis ;  thence 
to  Crawfordsville,  Indiana.  /  remained  in  Crawfordsville 
a  few  days,  and  then  returned  to  Frankfort  to  answer  any 
indictment  that  might  be  found  against  me.  While  I  was 
there,  the  Howard  case  was  being  tried.  Campbell  sent  for 
me  to  come  to  his  room  at  the  Capital  Hotel.  I  went  to  his 


290         ROBERT  NOAKES'  AFFIDAVIT 

room;  he  was  alone;  he  locked  the  door  and  sat  down  close 
to  me,  and  said:  "Bob,  we  have  not  sufficient  evidence  to 
convict  Jim  Howard;  and  I  don't  know  where  in  the  hell  we 
are  going  to  get  it,  unless  you  can  help  us  out."  I  told 
him  I  could  not  do  anything,  as  I  scarcely  knew  Jim  How- 
ard. He  told  me  that  I  could  help  him  in  another  way.  I 
asked  him  how.  He  then  told  me  what  John  L.  Jones  was 
going  to  swear  to;  and  what  I  afterwards  learned  he  swore, 
and  said:  "Now,  Bob,  we  fixed  Jones  for  three  hundred 
dollars;  and  we  want  Dave  Chadwell  to  swear  that  Jim  How- 
ard came  to  him  shortly  after  the  mountain  militia  arrived 
at  Frankfort  and  told  Chadwell  that  he  (Jim  Howard)  had 
fired  the  shot  that  killed  Senator  Goebel  from  the  window 
of  the  secretary  of  state's  office;  and  that  Henry  E.  Yout- 
sey,  Berry  Howard,  and  Dick  Combs  were  in  the  secretary  of 
state's  office  at  the  time  the  shot  was  fired;  and  that  Howard 
said:  "By  God,  we  want  you  mountain  men  to  stay  with  us 
and  see  that  we  are  not  arrested."  I  told  Campbell  that  I  did 
not  think  this  was  good  policy;  that  if  these  men  were  not 
guilty,  why  should  he  or  anyone  else  want  to  punish  them. 
He  laid  his  hand  on  my  shoulder,  and  looked  at  me  and  said: 
"Bob,  the  Grand  Jury  is  still  in  session.  I  am  employed  in 
these  cases  to  hang  somebody,  and  I  could  yet  hang  you,  but 
I  have  no  inclination  to  do  so;  that  is,  if  you  do  the  right 
thing  by  me.  I  am  going  to  break  Jim  Howard's  neck,  and 
I  need  the  evidence  I  spoke  to  you  about  to  do  it  with.  I 
have  five  hundred  dollars  here  to  pay  for  that  evidence.  We 
got  John  L.  Jones  for  three  hundred  dollars,  and  if  you  work 
it  right,  you  can  secure  his  friends  for  the  same  amount, 
and  you  will  have  two  hundred  dollars  left  to  your  credit. 
I  realized  that  Campbell  was  a  cold-blooded  murderer,  and 
determined  not  to  lend  any  assistance  to  his  schemes,  but 
promised  him  that  I  would  approach  Chadwell  and  see  what 
could  be  done.  I  kept  promising  Campbell  each  day  that  I 
would  see  Chadwell,  and  he  kept  urging  me  to  do  so.  Finally, 
I  invited  Chadwell  to  go  fishing  with  me  on  the  Kentucky 
River,  and  let  Campbell  know  that  we  were  going,  and 
promised  him  that  I  would  on  that  day  fix  things  with  Chad- 
well.  We  went  fishing,  but  I  never  said  anything  to  Chad- 


ROBERT  NOAKES'  AFFIDAVIT         291- 

vrell  about  that  matter.  I  that  night  met  Campbell  at  the 
Capital  Hotel.  I  told  him  that  I  approached  Chadwell  on 
that  subject,  and  found  that  he  was  not  a  safe  man;  and  that 
he  had  better  try  to  make  some  other  arrangements.  Camp- 
bell was  in  very  high  spirits,  and  said  that  it  did  not  make 
so  much  difference  after  all;  that  he  had  fixed  things  for  less 
money.  Campbell  thew  told  me  that  he  wanted  me  to  cir- 
culate a  report  around  town  that  Charles  Finley  had  told  me 
at  Corbin  that  Jim  Howard  had  offered  to  kill  Goebel  for 
two  thousand  dollars.  I  told  him  that  Finley  had  not  told 
me  this;  he  said,  "Damn  the  difference";  that  he  wanted  to 
create  a  public  impression;  and  besides,  "  I  have  a  statement 
in  my  office  in  Cincinnati,  made  and  signed  by  you  to  that 
effect."  I  told  him  that  I  did  not  remember  to  have  made 
such  a  statement,  but  he  insisted  that  I  had,  and  said  that  he 
would  show  me  the  statement  the  next  time  I  was  in  his 
office.  I  accordingly  told  several  people  that  Finley  had  made 
the  above  statements,  and  a  few  days  later,  this  statement 
was  published  in  the  Courier-Journal.  I  remained  in  Frank- 
fort until  the  verdict  was  rendered  in  the  Howard  case,  con- 
demning, as  I  firmly  believe,  an  innocent  man  to  death.  A 
few  minutes  after  the  verdict  was  rendered,  I  met  Tom 
Campbell,  and  he  told  me  to  go  to  the  foreman  of  the  jury) 
and  congratulate  him,  and  tell  him  that  I  believed  they  had 
convicted  the  right  map.  I  went  to  this  man,  and  in  a  sar- 
castic way  told  him  I  believed  he  had  convicted  the  right  man ; 
and  that  I  hoped  that  his  conscience  did  not  hurt  him.  I 
then  went  to  the  Capital  Hotel.  Campbell  again  asked  me 
where  I  was  when  Howard  was  convicted;  I  told  him  that 
I  was  in  the  jail  with  Green  Golden.  He  said:  "Good;  I 
had  given  out  a  statement  that  Howard  told  you  if  he  never 
met  you  on  this  earth,  he  hoped  he  would  meet  you  in  hell ; " 
and  that  if  any  one  asked  me  if  Howard  made  this  statement, 
for  me  to  say  he  did.  I  left  Campbell  shortly,  and  went  out 
on  the  street,  and  several  people  asked  me  if  Howard  had 
made  this  statement  to  me.  I,  coward  that  I  was,  said  that 
he  did.  Howard  never  made  this  statement  to  me ;  and  it  was 
but  the  imagination  of  Tom  Campbell's  devilish  brain  that 
concocted  such  a  story. 


292         ROBERT  NOAKES'  AFFIDAVIT 

I  hope  when  the  friends  of  Howard  read  this  statement 
from  me,  they  will  not  censure  me  too  hard ;  but  will  remem- 
ber that  I  was  completely  in  the  hands  of  the  enemy.  It  has 
always  been  my  intention  to  right  these  wrongs  as  far  as 
possible. 

After  the  excitement  and  worry  attending  the  trial  of  James 
Howard,  at  Frankfort,  I  was  again  almost  a  mental  wreck, 
and  more  fit  to  be  the  inmate  at  a  lunatic  asylum  than  to  be 
running  at  large  in  the  country.  On  the  day  that  the  verdict 
was  rendered  in  the  Howard  case  I  had  a  long  talk  with 
Campbell  in  his  room  at  the  Capital  Hotel,  in  which  he  tried 
to  persuade  me  to  enter  into  a  plan  to  betray  Charles  Finley, 
and  get  him  into  Kentucky.  I  left  Campbell  about  dark 
with  a  promise  to  meet  him  again  that  night.  And  not  know- 
ing why  I  did  it,  I  walked  directly  from  the  hotel  to  the 
depot,  caught  a  C.  and  O.  train,  and  went  into  Louisville; 
there  I  hurried  across  the  city,  caught  an  L.  and  N.  train,  and 
regardless  of  the  danger,  started  to  the  mountains  to  see 
my  wife,  whom  I  had  not  seen  for  four  months.  I  left  the 
mountains  on  the  day  of  my  arrival,  and  proceeded  to  Evans- 
ville,  Indiana,  where  I  remained  until  the  Youtsey  trial 
was  called  at  Georgetown.  I  then  returned  to  Georgetown  as 
a  witness  in  this  case.  As  soon  as  I  arrived  at  Georgetown, 
Wharton  Golden  came  after  me  to  go  to  Campbell's  room. 
I  went  to  Campbell's  room  and  had  a  long  talk  with  him. 
He  told  me  that  we  had  the  hardest  fight  yet  to  make;  and 
that  he  expected  to  hang  Henry  Youtsey;  but  he  said  Yout- 
sey had  more  money  behind  him,  "  and  we  have  a  damned 
sight  harder  job  than  we  have  ever  had."  I  asked  him 
where  his  strongest  testimony  was  against  Youtsey.  He  said 
that  Wharton  Golden  and  Bill  Culton  and  John  Ricketts 
were  all  strong  witnesses  against  him ;  but  he  did  not  believe 
that  they  were  sufficient  to  do  what  they  wanted  done.  He 
told  me  to  look  around  among  the  mountain  men  that  would 
be  down  there,  and  see  if  I  could  not  find  some  one  that 
could  remember  some  damaging  evidence  against  Youtsey, 
and  wanted  to  make  some  easy  money.  I  told  him  that  I 
did  not  think  I  could  secure  any  man  of  that  pattern.  I  had 
had  about  all  of  Tom  Campbell's  bulldozing  that  I  expected 


ROBERT  NOAKES'  AFFIDAVIT        293 

to  take,  and  had  made  up  my  mind  to  stop  the  farce  trial 
if  it  was  possible.  I  spoke  my  mind  pretty  plainly  to  Camp- 
bell that  night,  and  told  him  that  if  he  made  any  attempt  to 
injure  me  in  any  way,  I  would  certainly  kill  him.  Campbell 
then  became  very  docile  and  persuasive.  He  ordered  some 
whisky  from  down  stairs,  and  persuaded  me  to  take  a  drink. 
I  had  not  been  drinking  anything  for  a  few  days.  I  took  the 
drink,  and  he  talked  with  me  for  quite  a  while  and  tried  to 
impress  me  that  he  had  only  my  interest  at  heart.  The  night 
after  Youtsey  broke  down  during  his  trial,  Campbell  sent 
for  me  to  come  to  his  room.  He  seemed  to  be  greatly  wor- 
ried, and  talked  to  me  for  a  short  while,  and  then  said: 
"  Bob,  that  damned  fool's  breaking  down  has  put  our  case 
in  a  bad  shape;  we  are  going  on  with  the  trial  in  spite  of 
hell ;  and  I  am  afraid  that  if  we  do  not  have  more  evidence 
the  people  will  not  stand  for  his  conviction  in  his  present 
condition.  Now,"  he  said,  "  we  may  as  well  call  an  ax  an  ax ; 
you  are  a  pretty  shrewd  fellow,  and  have  lost  considerable 
money  in  these  cases  from  start  to  finish.  I  have  eight  hun- 
dred dollars  here  which  you  can  see  is  good  money.  It  is 
yours  if  you  will  swear  that  Henry  Youtsey  told  you  in  the 
presence  of  Charles  Finley  that  Goebel  had  to  die  in  the  next 
five  days  if  he  had  to  kill  hint  himself."  He  said  that  I  was  to 
state  that  this  conversation  took  place  late  on  the  evening  of 
the  twenty-fifth  of  January;  and  that  if  they  asked  me  on  the 
stand  why  I  did  not  state  this  in  the  Powers  trial,  I  was  to 
answer  that  I  was  trying  to  shield  Charles  Finley.  I  let 
Campbell  complete  his  proposal,  and  then  told  him  that  I 
thought  he  was  the  damnedest  rascal  that  it  had  ever  been 
my  misfortune  to  meet;  and  that  I  was  going  to  Craw- 
ford, Youtsey's  half-brother  and  attorney,  and  tell  him  the 
whole  damned  affair.  Campbell  asked  me  if  I  was  going 
entirely  crazy;  he  said  that  he  still  held  the  winning  cards; 
that  he  could  prove  by  a  dozen  of  his  men  that  I  was  not  in 
his  room  at  all.  Knowing  his  men  as  I  do,  I  do  not  doubt  that 
he  could.  However,  Campbell  seemed  to  be  afraid  of  me  after 
this,  and  immediately  commenced  trying  to  persuade  me  to 
again  commence  drinking.  I  took  several  drinks  that  night, 
continued  to  drink  during  the  next  day,  and  by  the  next 


294         ROBERT  NOAKES'  AFFIDAVIT 

night  had  become  very  disagreeable  and  exceedingly  anxious 
to  kill  some  one.  I  procured  a  pistol,  and  went  to  the  room 
of  Wharton  Golden,  with  the  intention  of  killing  him,  be- 
lieving then,  as  I  do  now,  that  he,  and  he  alone,  is  responsible 
for  the  trouble  in  Kentucky.  I  found  W.  H.  Culton  in 
Golden's  room.  I  handled  the  pistol  so  recklessly  that  soon 
Culton  left;  Golden  became  suspicious,  and  soon  followed 
him.  He  went  to  Campbell's  room,  as  I  afterwards  learned, 
and  they  sent  some  one  to  take  me  to  my  boarding-house.  I 
went  to  my  boarding-house  and  slept  until  late  the  next  day; 
I  then  went  down  to  the  Wellington  Hotel,  and  some  one 
told  me  that  Campbell  was  looking  for  me.  I  went  to  his 
room,  and  he  urged  me  to  go  to  Cincinnati  and  stay  there 
until  he  came.  I  was  trying  to  secure  a  position  on  the  Big 
Four  Railroad  out  of  Cincinnati,  and,  as  Campbell  said  he 
had  some  influence  with  those  people,  I  waited  a  few  days 
for  him  to  come  there.  He  returned  a  few  days  after  the 
verdict  was  rendered  in  the  Youtsey  trial.  I  met  Mr.  Camp- 
bell in  his  office  in  Cincinnati.  He  was  very  much  worked 
up  over  the  speech  that  Colonel  Nelson  made,  and  seemed 
to  think  that  Nelson  had  given  him  the  worst  of  it.  He  said 
that  if  it  had  not  been  for  Nelson,  they  would  have  hung 
Youtsey  and  it  would  have  been  more  money  to  him.  He  was 
very  bitter  toward  Nelson.  Early  in  the  afternoon  of  the 
same  day,  I  went  out  to  see  the  Big  Four  people,  but  failed 
to  secure  the  position  that  I  was  looking  for.  I  found  Camp- 
bell in  his  office,  busily  engaged  in  getting  up  an  article  for 
the  newspapers  in  answer  to  Colonel  Nelson's  speech.  He 
seemed  to  be  in  worse  humor  than  in  the  morning.  I 
informed  him  that  I  failed  to  get  the  position  that  I  was 
expecting  at  the  Big  Four,  and  that  I  guessed  I  would  leave 
Cincinnati.  He  told  me  that  he  did  not  want  me  to  leave 
Cincinnati,  but  to  stay  there  at  his  expense ;  and  they  would 
secure  any  kind  of  position  that  I  wanted  in  a  few  days.  I 
worked  a  few  days  in  Cincinnati  for  the  Stone  Lake  Ice  Com- 
pany and  left  the  city.  Since  then  my  wanderings  and  conduct 
in  no  way  had  any  bearing  on  these  cases. 


APPENDIX  C 

MY  ADDRESS  TO  THE  JURY  DURING  MY  THIRD 
TRIAL.    DELIVERED  AT  GEORGETOWN,  KEN- 
TUCKY, AUGUST  TWENTY-SEVENTH 
AND  TWENTY-EIGHTH,  1903. 

May  it  please  the  court,  and  you  also,  gentlemen  of  the 
jury:  I  know  that  you  must  be  tired  listening  to  argument, 
but  if  my  strength  and  this  intense  heat  will  permit  it,  I 
desire  to  say  a  few  words  in  my  own  behalf  and  concerning 
whose  life  and  whose  liberty,  you  have  taken  upon  yourselves 
a  solemn  obligation  to  deal.  In  doing  so,  I  exercise  one  of  the 
privileges  which  our  lawmakers,  in  their  wisdom,  have  vouch- 
safed to  every  person  accused  of  a  crime  within  the  confines 
of  our  Commonwealth.  I  would  not,  however,  take  advantage 
of  this  provision  of  our  law,  but  for  the  fact,  that  for  over 
three  long  years  I  have  been  forced  to  lie  in  the  jails  of  this 
state,  classed  as  a  criminal,  branded  a  murderer  and  de- 
nounced an  assassin. 

I  have  bofne  in  silence,  and  with  what  fortitude  I  could, 
these  grave  charges,  together  with  two  adverse  verdicts,  at 
the  hands  of  my  fellow  countrymen.  I  now  feel  that  I  owe 
it  to  myself  to  be  heard.  Over  three  years  ago,  I  was  torn 
from  a  high  official  position  to  which  I  had  been  elevated  by 
the  people  of  this  great  Commonwealth ;  thrown  in  jail  and 
charged  with  the  commission  of  an  atrocious  and  cowardly 
crime.  The  Legislature  of  our  state,  in  the  excitement  of 
the  hour,  and  actuated  by  motives  of  hatred  and  revenge, 
appropriated  one  hundred  thousand  dollars  of  the  people's 
money  with  which  to  prosecute  me,  twenty-five  thousand  dol- 
lars of  which  sum  was  set  aside  for  the  investigation  of  clues ; 
in  other  words,  that  amount  was  to  be  paid  to  detectives  to 
furnish  the  needed  proof.  In  addition  to  that,  a  large  sum 

295 


296        MY  ADDRESS  TO  THE  JURY 

was  offered  and  hung  up  as  a  tempting  morsel  for  my  con- 
viction, right  or  wrong. 

With  such  inducements  as  these,  and  under  all  circum- 
stances and  surroundings  in  this  case,  is  it  any  wonder  that 
Weavers  have  wandered  from  the  distant  peaks  of  Colorado 
to  get  their  hands  into  that  filthy  sum  ?  Is  it  any  won- 
der that  perjured  scoundrels  of  the  brand  of  Noakes  and 
Anderson  found  their  way  to  the  witness-stand  during  my 
trials,  and  swore  to  prepared  and  infamous  falsehoods  against 
me  ?  Is  it  any  wonder  that  weak  and  base  humanity  of  the 
character  of  Golden  and  Culton  began  to  swear  and  continued 
to  swear  for  immunity  ? 

Is  it  any  wonder  that  the  assassin-hearted  Cecil,  after 
having  wandered  this  weary  world  around,  from  Kentucky 
to  Kansas,  from  Kansas  to  California,  from  California  to 
Kansas  and  from  Kansas  back  to  Kentucky,  should  finally 
find  his  way  to  the  home  of  the  prosecuting  attorney  in  this 
case;  there  be  given  a  comfortable  night's  lodging  —  par 
nobile  fratrum;  from  there  be  taken  before  the  grand  jury 
the  following  morning  to  tell  such  a  story  as  would  continue 
to  him  his  liberty  under  the  forms  of  law  ?  Is  it  any  wonder 
that  the  weak  and  villainous  Youtsey,  after  having  spent  more 
than  two  years  in  the  penitentiary  of  this  state,  should  emerge 
from  that  living  tomb,  when  he  sees,  or  thinks  he  sees,  through 
his  testimony  a  ready  chariot  to  the  green  and  inviting  fields 
of  freedom  ?  We  should  not  be  surprised  at  such  happenings ; 
they  are  the  natural  outgrowth  of  such  conditions  and  in- 
ducements. 

Since  the  very  day  of  my  arrest,  my  conviction  in  this  case 
has  been  both  a  pecuniary  and  a  political  necessity.  It  is  more 
so  to-day  than  it  has  ever  been.  The  prosecution  can  not  now 
well  afford  to  admit  that  they  have  hounded  to  the  earth  for 
three  years  an  innocent  man.  They  can  not  now  well  afford  to 
admit  that  they  did  me  wrong,  when  I  was  deprived  of  my 
office  and  thrown  in  jail.  These  would  be  bitter  words  for 
them  to  be  forced  to  utter :  "  We  have  charged  this  young 
man  with  murder  wrongfully ;  we  have  torn  him  from  an  office 
of  trust  and  honor;  we  have  lodged  him  in  jail;  we  have 
carried  him  from  one  bastile  of  this  state  to  another,  in  chains 


PLEAS  OF  THE  PROSECUTION        297 

and  irons ;  we  have  thrown  him  behind  gnawing  bars  in  prison 
life;  we  have  forced  him  to  stay  in  the  same  steel  cages  with 
worthless  negroes  and  to  have  them  for  his  daily  companions; 
we  have  inflamed  the  public  mind  against  him  through  a 
servile  press,  with  hideous  stories  of  an  awful  conspiracy 
in  which  we  believed  him  to  be  implicated.  We  have  tried 
him  in  our  courts  by  his  enemies,  politically,  and  we  have 
convicted  him;  but  in  all  that  we  have  been  mistaken,  in  all 
that  we  have  done  wrong."  It  is  true  that  the  prosecution 
is  in  the  confession  business,  but  they  are  not  going  to  make 
such  a  confession  as  that;  nor  will  they  permit  you  to  bring 
in  a  verdict  of  "not  guilty"  in  this  case,  if  it  is  within  their 
power  to  prevent  it. 

We  have  heard  a  great  deal  said  during  the  progress  of 
this  case,  and  especially  by  Colonel  Hendrick,  about  the  prose- 
cution having  no  interest  in  the  conviction  of  an  innocent  man. 
He  said  that  the  Commonwealth  could  have  no  sort  of  in- 
terest in  my  prosecution,  unless  I  was  guilty  of  that  with 
which  I  am  charged.  And  for  the  purpose  of  adding  plausi- 
bility to  their  argument,  they  have  said  that  Arthur  Goebel 
would  not,  for  his  right  arm,  lend  aid  or  encouragement  to 
the  prosecution  in  this  case  unless  he  knew  beyond  all  doubt, 
founded  upon  reason,  that  I  am  guilty  of  that  with  which 
I  am  charged;  and  Mr.  Franklin  has  said  upon  former  trials 
of  this  case,  and  I  presume  he  will  say  upon  this  one,  that 
he  is  a  sworn  officer  of  the  law,  gentlemen  of  the  jury;  that 
no  filthy  lucre  of  any  kind  lingers  in  his  pocket  to  swerve 
him  from  his  duty  one  way  or  the  other;  that  he  is  doing 
his  duty  to  his  country,  his  conscience,  and  to  his  God.  I 
say,  men,  we  should  not  be  surprised  at  such  pleas  and 
speeches  on  the  part  of  the  prosecution.  This  is  not  the 
first  time  in  the  history  of  these  cases  that  the  life  of  an 
innocent  man  has  been  asked  by  these  gentlemen. 

In  the  trial  of  poor  old  Berry  Howard,  over  at  Frankfort, 
Mr.  Franklin  called  him  a  monstrous,  murderous,  frozen- 
hearted  assassin,  and  asked  that  his  life  go  out  upon  the  scaf- 
fold. Mr.  Franklin  was  then  doing  his  alleged  official  duty; 
and  he  is  prosecuting  me  now  in  his  alleged  official  capacity. 
Mr.  Franklin  was  mistaken  about  the  guilt  of  poor  old  Berry 


298          MY  ADDRESS  TO  THE  JURY 

Howard  because  the  jury  said  in  that  case:  "We,  the  jury, 
agree  and  find  the  defendant  not  guilty."  Mr.  Arthur  Goebel 
was  present  upon  that  occasion  and  was  lending  aid  and 
encouragement  to  the  prosecution.  He,  no  doubt,  believed 
Berry  Howard  was  guilty  of  the  murder  of  his  brother.  There 
is  no  doubt  he  believed  it.  He  was  relying  upon  the  word  of 
Henry  E.  Youtsey.  Youtsey  had  told  him  on  the  very  day 
of  his  arrest  that  he  had  let  Howard  into  the  private  office 
of  the  secretary  of  state  with  Dick  Combs,  Jim  Howard  and 
others.  Mr.  Goebel  believed  Henry  E.  Youtsey  and  upon 
that  belief  in  Youtsey's  story,  he  had  an  innocent  man 
dragged  from  the  mountains  of  Kentucky,  and  put  upon  trial 
for  his  life. 

And  in  the  trial  of  Captain  Garnett  D.  Ripley,  the  papers 
had  it  that  Mr.  Franklin  made  one  of  the  most  powerful 
efforts  of  his  life;  that  he  spoke  for  four  long  hours  and 
asked  the  jury  to  take  the  young  man's  life  from  him. 

Mr.  Arthur  Goebel  was  present  aiding  in  that  prosecution. 
In  the  belief  of  the  guilt  of  Captain  Ripley  Mr.  Franklin 
was  mistaken  and  Mr.  Arthur  Goebel  was  mistaken,  because 
the  jury  in  the  case  of  Captain  Garnett  D.  Ripley  said:  "  We, 
the  jury,  agree  and  find  the  defendant  not  guilty."  And  they 
sent  him  to  his  home.  So  this  is  not  the  first  time,  men,  in 
the  history  of  these  cases,  that  the  prosecution  has  been  mis- 
taken and  Mr.  Goebel  has  been  mistaken  in  his  pursuit  of  a 
man  he  believed  to  be  implicated  in  the  murder  of  his  brother. 
The  truth  is,  men,  that  the  prosecution  in  this  case  is  almost 
crazed  for  a  verdict  of  guilty.  They  feel  that  a  verdict  of 
acquittal  at  your  hands  would  break  the  backbone  of  their 
alleged  conspiracy;  and  for  this  to  be  done  at  this  particular 
time,  with  Taylor  and  Finley  yet  at  large  and  yet  to  be  tried, 
and  with  the  coming  state  campaign  on  hand,  would  be  a 
serious  blow  to  the  hopes  and  the  purposes  of  the  prosecution. 
They  keenly  appreciate  the  necessity  for  a  conviction,  and  in 
order  to  accomplish  it,  men,  they  have  stopped  at  hardly  any- 
thing in  this  case ;  but,  upon  the  contrary,  they  have  stooped 
to  a  great  many  things.  They  have  attacked  my  integrity 
in  the  open ;  they  have  trampled  under  foot  my  liberty ;  they 
have  tried  to  grind  my  honor  into  atoms,  and  they  have  even 


PARTIZAN  POLITICAL  JURY          299 

gone  to  the  extent  of  attacking  the  integrity  of  you  gentle- 
men in  the  back  and  by  stealth,  and  at  the  same  time  pro- 
fessing friendship. 

Leaving  out  of  view  the  fact  that  it  is  always  unpleasant 
to  sit  in  judgment  upon  such  sacred  rights  of  one  of  your 
fellow  men,  your  position  in  this  case  from  another  view- 
point is  by  no  means  an  enviable  one.  Truth  to  speak,  men, 
they  are  relying  more  upon  your  political  affiliations  for  a 
verdict  of  guilty  than  they  are  upon  the  law  and  the  testimony, 
and  the  oath  you  have  taken  to  give  me  a  fair  trial.  I  think 
I  can  make  that  clear  to  you. 

The  county  of  Bourbon,  in  1896,  gave  McKinley  a  majority 
of  over  four  hundred  votes ;  and  in  the  campaign  of  1899  it 
gave  Taylor  a  majority.  Taking  the  McKinley  vote  as  a 
basis,  had  there  been  no  distinction  made  on  account  of  poli- 
tics, there  ought  to  have  been  serving  on  this  jury  about 
seven  Republicans  and  five  Democrats.  And  yet  in  the  face 
of  this  fact,  and  divers  others  like  unto  it,  the  prosecution 
maintains  that  politics  has  nothing  to  do  with  the  trial 
of  this  case.  Mr.  Campbell  and  Mr.  Hendrick  have  gone 
to  the  extent  of  saying  that  whatever  politics  have  been 
injected  into  this  case,  have  been  injected  into  it  by  the 
defendant.  Injected  into  it  by  the  defendant!  What  interest, 
pray  tell  me,  has  the  defendant  in  injecting  politics  into  this 
case?  If  there  is  one  thing  more  than  another  in  which  the 
defense  is  interested  in,  it  is,  in  keeping  politics  out  of  this 
case.  If  there  is  one  thing  more  than  another  in  which  the 
defense  is  interested  in,  it  is,  that  this  case  be  tried  in  the 
spirit  of  truth  and  inquiry,  and  not  in  the  spirit  of  political 
hatred  and  revenge.  What  could  it  profit  the  defense,  pray 
tell  me,  to  draw  the  bow  across  the  strings  of  political  passion 
when  eleven  of  those  strings  are  Democratic  strings  and, 
possibly  one,  a  Republican  string?  Politics  has  been  injected 
into  this  case,  men,  not  by  the  defendant,  but  by  the  prosecu- 
tion ;  and  I  think  I  can  make  that  clear  to  you,  gentlemen. 

The  statutes  of  our  state  provide  that  it  is  the  duty  of  the 
jury  commissioners  to  place  within  the  jury- wheel  the  names 
of  sensible,  sober,  discreet  house-keepers  of  the  county,  over 
twenty-one  years  of  age,  and  residents  in  different  portions 


3oo         MY  ADDRESS  TO  THE  JURY 

of  it.  These  are  the  qualifications  and  the  only  qualifications 
that  jurors  are  required  to  possess;  and  when  the  sheriff  is 
sent  out  over  the  country  to  select  men  to  do  jury  service  in 
this,  or  any  other  case,  these  are  the  qualifications  and  the  only 
qualifications  that  the  jurors  are  required  to  possess.  There  is 
no  provision  in  our  law  which  says  that  Democrats  only  shall 
do  jury  service.  There  is  no  provision  in  our  law  which 
says  that  Republicans  shall  not  do  jury  service.  The  laws 
of  our  country  do  not  take  into  consideration  the  politics  of 
the  juror.  That  being  true,  men,  there  must  be  some  reason 
why  there  are  eleven  Democrats  doing  jury  service  in  this 
case  and  possibly  one  Republican.  There  must  be  some  reason 
why  there  was  not  a  single  Republican  on  the  jury  that  tried 
me  the  last  time  I  had  a  trial,  although  one-half  of  that  jury 
came  from  the  good  county  of  Bourbon.  There  must  be  some 
reason  why  there  was  not  a  single  Republican  on  either  one 
of  the  juries  that  tried  Jim  Howard;  not  one  on  the  jury 
that  tried  Berry  Howard;  not  one  on  the  jury  that  tried 
Captain  Ripley ;  not  one  on  the  j  ury  that  tried  Youtsey. 

It  will  not  do  to  say  that  Democrats  always  happen  to  be 
selected  to  do  jury  service  in  these  cases.  It  has  happened 
thus  in  too  many  cases  and  too  often.  It  will  not  do  to  say 
that  the  jury  commissioners  always  "happen"  to  place  within 
the  jury- wheel  the  names  of  Democrats  and  never  happen  to 
place  within  the  jury-wheel  the  names  of  Republicans.  It 
will  not  do  to  say  that  if  the  jury  commissioners  do  "  happen  " 
to  place  within  the  jury-wheel  the  names  of  a  few  Republi- 
cans; and  the  names  of  a  few  Republicans  "happen"  to  be 
drawn  from  the  jury-wheel,  or  the  sheriff  in  his  perambula- 
tions over  the  country  "  happens  "  to  summon  a  few  Republi- 
cans to  do  jury  service  that  the  prosecution  almost  invariably 
"happens"  to  reject  those  particular  Republicans  from  jury 
service.  It  will  not  do  to  say  that  out  of  one  hundred  and 
seventy-six  men  summoned  in  this  case,  at  this  trial,  from  a 
county  that  gave  McKinley  over  four  hundred  majority  in 
1896,  that  one  hundred  and  seventy-two  of  these  men  thus 
summoned  "  happened  "  to  be  regular  Democrats  and  but  four 
happened  to  be  Republicans,  and  none  "  happened "  to  be 
Independent  Democrats.  It  won't  do  to  say  that  Mr.  Franklin 


ONLY  DEMOCRATS  WANTED        301 

"  happened "  to  exhaust  one  of  his  peremptory  challenges  in 
this  case,  upon  one  Charles  W.  Penn,  a  Republican,  when 
this  jury-box  was  first  filled,  and  when  there  were  eleven 
Democrats  subject  to  peremptory  challenge.  Have  you  ever 
asked  yourselves  the  question  since  this  trial  began :  "  What 
is  it  that  peculiarly  fits  me  for  jury  service  that  unfits  my 
Republican  neighbor?  What  are  the  qualifications  that  I 
possess  that  make  me  a  competent  juror  in  the  eyes  of  the 
prosecution  that  my  Republican  neighbor  does  not  possess, 
and  make  him  incompetent  ? "  These  are  serious  questions, 
gentlemen.  What  is  it  that  a  man  must  possess  to  make 
him  a  competent  juror  in  this  case  or  in  these  cases  that  is 
neither  prescribed  by  the  laws  nor  the  statutes  of  our  coun- 
try? The  Republicans  possess  all  the  statutory  qualifications. 
In  the  eyes  of  the  law  they  would  be  competent  jurymen. 
Then  what  is  it  that  a  man  must  possess  to  make  a  competent 
juror  in  this  case  that  is  neither  prescribed  by  the  laws  or 
statutes  of  our  states?  What  can  it  be?  Have  you  ever 
asked  yourselves  the  question,  Mr.  Ingalls,  what  can  it  be? 
I  will  tell  you.  You  must  in  the  past  have  voted  the  straight 
Democratic  ticket.  And  why  must  you  in  the  past  have 
voted  the  straight  Democratic  ticket  before  you  are  permitted 
by  the  prosecution  to  serve  as  a  juror  in  this  case?  The  reason 
is,  that  they  expect  you  to  vote  the  straight  Democratic  ticket 
in  the  rendition  of  your  verdict.  Be  not  deceived  about  it. 
To  say  the  least  of  it,  they  expect  your  political  affiliation  to 
help  you  render  that  verdict.  Then  in  what  attitude  are  they 
placing  you  men  before  the  communities  in  which  you  reside 
and  before  the  eyes  of  the  world  —  relying  upon  your  political 
affiliations  for  a  verdict  of  guilty,  whether  the  law  and  the 
facts  authorize  such  a  verdict  or  not.  If  I  were  you,  men, 
careful  of  my  good  standing  in  the  country  and  jealous  of 
my  honor,  I  would  certainly  resent  any  such  imputation  upon 
my  integrity,  whether  those  imputations  came  from  friend  or 
foe. 

I  am  a  Republican,  gentlemen.  I  have  never  had  any  apolo- 
gies to  make  for  my  Republicanism.  I  have  none  to  make 
now.  You  gentlemen  are  Democrats  and  you  have  a  right 
to  be  Democrats.  You  have  a  right  to  affiliate  with  whatever 


302          MY  ADDRESS  TO  THE  JURY 

political  party  you  believe  to  be  to  the  best  interests  of  this 
country.  The  man  who  would  deprive  you  of  that  right  is  an 
intellectual  thief  and  robber  at  heart.  But  no  man  has  the 
right  —  no  set  of  men  have  the  right,  to  expect  of  you  a  cer- 
tain sort  of  verdict  by  reason  of  your  political  affiliations, 
when  you  have  entered  the  j  ury-box  and  have  taken  the  solemn 
oath  that  you  took  to  try  me  from  the  law  and  the  testimony. 
Doubtless  you  gentlemen  are  saying,  in  your  hearts,  that  it 
does  look  as  if  the  prosecution  has  had  a  sinister  motive  in 
this.  Doubtless  you  are  saying  in  your  hearts  that,  if  the 
prosecution  is  relying  on  our  political  affiliations  for  a  verdict 
of  guilty,  they  are  relying  upon  a  broken  reed.  There  is 
not  an  honest  man  on  this  jury  but  what  is  saying  that  in  his 
heart.  Doubtless  you  are  saying  that  your  political  affilia- 
tions shall  have  nothing  to  do  with  the  rendition  of  your 
verdict,  one  way  or  the  other.  There  is  not  an  honest  man 
on  this  jury  but  what  is  saying  that  in  his  heart;  not  a  one, 
my  friends.  Doubtless  you  are  saying  that  you  have  no  bias 
or  prejudice  in  this  case,  one  way  or  the  other,  and  all  that 
may  be  true;  and  yet  you  may  be  mistaken  about  it.  I  am 
told  that  there  are  certain  fever  districts  in  some  of  the  states 
of  this  Union,  notably  in  Florida  and  Missouri,  where,  so  long 
as  one  remains  at  a  certain  elevation  above  the  sea  level, 
he  is  immune  from  the  dreaded  fever;  but  that  so  soon  as  he 
descends  below  the  safety  line,  and  comes  in  contact  with 
the  germs  of  the  disease,  he  contracts  it.  If  you  were 
a  stranger  in  that  country  and  should  go  down  and  drive 
out  and  some  one  should  say  to  you :  "  You  have  contracted 
the  fever,"  you  would  say :  "  You  are  very  much  mistaken. 
I  never  felt  better  and  freer  of  disease  in  all  my  life ; "  and 
yet,  without  your  knowing  it,  you  would  have  contracted  the 
fever.  And  you,  gentlemen,  may  have  come  to  this  case 
with  that  fever  of  prejudice  of  which  you  are  not  aware. 
Such  a  thing  is  possible. 

I  know  that  you  men  have  heard  of  me.  I  know  you  have 
heard  a  great  many  things  said  about  me  that  are  untrue.  I 
know  that  is  a  fact.  The  truth  is,  that  the  question  of  my 
guilt  or  innocence  has  long  since  become  a  political  question 
in  this  state.  You  know  that  the  Democratic  papers,  from 


POLITICS  IN  THE  CASE  303 

the  great  dailies  down  to  the  little  country  organs,  have  con- 
tinuously and  vociferously  proclaimed  that  I  am  guilty.  The 
Republican  press,  on  the  other  hand,  says  I  am  innocent. 
Political  campaigns  have  been  waged  in  this  state  upon  that 
question.  Politicians  have  been  elected  to  office  and  others 
have  been  defeated  for  office  in  proclaiming  the  one  or  deny- 
ing the  other.  It  has  become  a  political  question  throughout. 
On  the  one  hand  stands  the  great  mass  of  Democratic  voters 
throughout  the  state,  who  have  been  taught  to  believe  that 
I  am  guilty.  On  the  other  hand  stands  the  great  mass  of 
Republican  voters  throughout  the  state,  who  believe  I  am 
not  guilty.  You  know  that.  The  communities .  from  which 
you  gentlemen  came  are  divided  on"  that  question  to-day ;  and 
they  are  divided  on  it,  in  the  main,  as  you  know,  along 
political  lines.  The  affair  generated  in  political  strife  and 
excitement.  The  Democratic  leader  of  the  state  was  killed 
—  shamefully  murdered.  The  Republicans  were  charged 
with  that  murder,  and  it  is  almost  impossible  to  take  politics 
from  this  case.  It  is  a  difficult  matter  not  to  make  up  one's 
mind  about  a  thing  when  it  is  in  everybody's  mouth ;  when 
it  is  discussed  through  the  newspapers,  from  the  pulpit,  on 
the  hustings,  at  the  country  cross-roads,  and  at  the  country 
stores. 

Some  of  you  men  said  that  you  had  formed  opinions  in  this 
case.  You,  Mr.  Layson ;  you,  Mr.  Wyatt,  and  you,  Mr. 
Mitchell,  said  that  you  had  formed  opinions,  and  that  you 
were  afraid  to  risk  yourselves  and  afraid  to  trust  yourselves 
to  give  me  a  fair  trial.  Others  of  you  said  that  you  had 
formed  opinions  in  this  case.  You,  Mr.  Wilson,  said  that  you 
would  go  into  the  jury-box  with  prejudice  and  that  that 
prejudice  would  have  to  be  removed  by  testimony.  You,  Mr. 
Ingalls,  said  that  you  had  an  opinion  formed,  and  both  of  you, 
Mr.  Estes,  said  that.  Others  of  you  said  you  had  not  formed 
any  opinion.  You  said  that,  Mr.  Ryan,  and  you,  Mr.  Booth, 
and  you,  Mr.  Hill;  but  you  may  have  come  to  this  jury-box, 
like  the  man  out  of  the  fever  district  of  Florida,  having  that 
germ  of  prejudice  and  bias  of  which  you  are  not  aware;  such 
a  thing  is  possible.  And  in  the  name  of  all  that  is  dear  and 
sacred,  I  ask  you  to  rid  yourselves  of  all  feelings  of  hostility, 


304         MY  ADDRESS  TO  THE  JURY 

bias  or  prejudice  that  you  may  feel  towards  me  by  reason  of 
my  political  affiliations,  if  you  have  any,  or  by  reason  of  the 
prejudice  you  have  against  the  section  of  the  state  from 
which  I  come,  if  you  have  any,  and  give  me  that  same  sort  of 
fair  and  impartial  trial  that  you  would  give  one  of  your 
neighbor's  boys.  Whatever  may  be  my  politics,  whether 
good  politics  or  bad  politics,  it  does  not  alter  the  fact  that  I 
am  a  citizen  of  this  Commonwealth  and  a  human  being,  and 
entitled  to  a  fair  and  just  trial  at  your  hands.  Whether  the 
section  of  the  state  from  which  I  come  be  a  good  section  or  a 
bad  section,  it  does  not  alter  the  fact  that  I  am  entitled 
to  a  fair  and  unprejudiced  hearing  at  your  hands;  and 
I  believe  that  you  are  going  to  do  what  you  can  to  give 
it  to  me.  I  believe  that.  But  I  ask  you  to  bear  in  mind 
that  we  are  all  a  frail,  weak,  short-sighted  set  of  human  beings 
in  this  world;  and  that  our  prejudice's  and  likes  and  dislikes 
have  a  great  deal  to  do  in  controlling  our  conduct  throughout 
life.  The  prosecution  know  this;  and,  as  I  say,  they  have 
had  you  summoned  here  in  the  hope  that  your  political  affili- 
ations would  write  for  you  a  verdict  of  guilty.  How  insidi- 
ously has  the  poison  of  political  prejudice  and  revenge  been 
injected  into  this  case!  Everything  has  been  done  and  said 
that  could  be  done  and  said  to  make  you  gentlemen  have  con- 
tempt for  me.  You  know  that.  The  mountain  people  have 
been  sneeringly  referred  to.  Mr.  Hendrick  called  them  mur- 
derers, and  marauders,  red-handed  assassins  and  black-hearted 
villains.  That  conduct  on  the  part  of  the  prosecution  is 
neither  fair  to  you  nor  to  me.  It  is  not  fair  to  you  because 
it  is  an  effort  on  the  part  of  the  prosecution  to  have  you  con- 
vict me  by  reason  of  your  prejudice,  and  none  of  us  is  without 
it.  It  is  not  fair  to  me,  because  it  is  an  effort  on  their  part  to 
have  you  convict  me  outside  of  the  law  and  independent  of 
the  testimony.  I  think  the  prosecution  should  deal  fairly 
with  you,  gentlemen,  and  with  me ;  and  I  think  we  should  deal 
fairly  with  each  other;  and,  as  far  as  I  am  individually  con- 
cerned, I  propose  to  deal  fairly  with  you  in  the  discussion 
of  this  case ;  and  I  desire  to  say  to  you  now  that  if  I  advance 
any  argument  that  does  not  seem  to  you  to  be  reasonable 
and  right,  I  ask  you  to  reject  it.  If  I  misquote  or  misstate 


AN  APPEAL  TO  REASON  305 

any  of  the  testimony,  I  beg  of  you  not  to  consider  it,  because 
you  ought  not  to.  I  think  we  should  deal  fairly  with  each 
other,  men;  and  if  I  properly  understand  the  mission  of  an 
advocate  before  a  jury,  or  of  a  lawyer,  or  client  in  the  argu- 
ment of  a  case,  it  is  not,  or  should  not  be,  to  misquote  .or 
misrepresent  the  law  or ,  to  dwarf  or  twist  the  evidence  to 
suit  one's  own  ideas  in  any  individual  case. 

Argument  before  a  jury  should  never  be  used  for  the  pur- 
pose of  artfully  covering  up  the  salient  points  of  either  the 
law  or  the  testimony  to  the  end  that  the  jury  may  be  induced 
to  bring  in  an  unjust  verdict,  unjust  either  to  the  state  or 
unjust  to  the  accused.  So  far  as  I  am  individually  concerned, 
I  know  that  I  am  gifted  with  no  such  words,  or  worth,  or 
power  of  speech  to  force  you  either  beyond  the  law  or  the 
testimony  in  the  case,  if  I  had  desires  of  that  character,  which 
I  have  not. 

These  gentlemen  prosecuting  me  here  have  been  given  all 
the  advantages  that  this  glorious  blue-grass  country  and 
other  favored  sections  of  our  land  afford,  while  my  home  and 
life  have  been  cast  among  people  whose  advantages  have  been 
poor,  whose  means  have  been  limited,  and  whose  opportunities 
to  fit  their  sons  and  daughters  to  cope  with  their  fellow  men 
have  been  of  the  worst.  Besides,  men,  as  you  see,  I  am  a 
mere  boy,  unaccustomed  to  making  speeches  like  these  able 
and  adroit  lawyers.  I  have  no  power  to  write  my  innocence 
on  your  hearts  and  engrave  it  on  your  bones,  as  justice  in  this 
case  says  it  ought  to  be  done.  If  I  had  the  same  power  of 
speech  and  the  same  force  of  logic  as  my  friend,  Mr.  Franklin, 
I  could  convince  you,  almost  before  my  argument  began,  that 
the  harming  of  Mr.  Goebel  never  entered  my  heart;  and  that 
I  am  the  worst  abused  and  persecuted  man  ever  accused  of 
crime  on  the  American  soil.  But  these  extraordinary  gifts, 
men,  I  do  not  possess ;  and  I  shall,  therefore,  have  to  ask  you 
to  go  over  the  law  and  the  testimony  in  this  case  in  a 
commonplace  way ;  and  if  I  can  be  of  any  aid  to  you  in  arriv- 
ing at  a  correct  verdict,  I  shall  feel  that  I  have  discharged  my 
duty  fairly  and  faithfully  to  you  and  been  of  service  to  my- 
self. I  ask  you  to  let  us  reason  together. 

If  you  have  me  convicted  in  your  hearts  already ;  if  you  feel 


306          MY  ADDRESS  TO  THE  JURY 

that  I  am  a  guilty  assassin  and  you  regret  that  you  were 
brought  into  this  close  contact  with  me,  if  during  the  progress 
of  this  trial  your  ears  have  been  open  and  anxious  and  ready 
and  willing  to  catch  everything  of  a  damaging  nature  brought 
out  against  me  and  have  turned  a  deaf  ear  to  all  that  has  been 
said  on  the  side  of  the  defense,  then  any  effort  on  my  part 
to  convince  you  that  I  am  an  innocent  man  would  be  a  waste 
of  my  needed  vitality  and  a  usele'ss  consumption  of  your  time. 
But  you,  gentlemen,  will  not  do  that.  You  have  taken  a  sol- 
emn and  impressive  oath :  "  I  do  solemnly  swear  that  I  will 
try  this  case  according  to  the  law  and  the  testimony  and  a 
true  verdict  render,  so  help  me  God ; "  and  so  far  as  within 
your  power  lies,  I  believe  you  will  keep  sacred  that  solemn 
oath.  Whatever  may  be  your  religious  tenets,  whether  be- 
liever or  unbeliever,  Catholic  or  Protestant,  Jew  or  Gentile, 
whatever  may  be  your  political  affiliations,  whether  it  be  that 
of  a  Democrat  or  that  of  a  Republican,  the  oath  you  have 
taken  has  within  it  a  mighty  force,  that  ought  to  lift  every 
man  who  takes  it  out  of  all  political  bias  and  prejudice.  So 
far  as  our  weak  and  imperfect  nature  will  allow  us,  it  ought 
to  lift  us  into  a  region  of  absolute  duty  and  absolute  truth. 
When  your  verdict  is  rendered,  the  testimony  and  the  law  in 
this  case  ought  to  authorize  and  justify  you  in  that  verdict. 
You  have  raised  your  hands  between  your  heads  and  heaven 
and  called  Almighty  God  to  witness  that  you  would  render  a 
true  verdict  in  this  case.  The  eyes  of  a  proud  Common- 
wealth are  upon  you ;  aye,  the  eyes  of  a  great  nation  are 
turned  towards  the  scenes  of  this  trial.  The  prayers  of  a 
Justice-loving  people  are  with  you  in  the  rendition  of  such 
a  verdict  that  innocence  merits,  right  demands,  your  heart 
sanctions  and  your  consciences  approve.  I  have  always  be- 
lieved that  the  right  in  this  case  would  in  the  end  prevail. 
Seasons  in  and  seasons  out,  years  in  and  years  out,  through 
dark  fortunes  and  through  bright,  (if  there  have  been  any 
bright),  I  have  continued  pleading  and  appealing  to  my 
fellow  countrymen;  and  I  am  now  particularly  pleading  and 
appealing  to  you,  gentlemen,  to  end  this  long  and  bitter  con- 
troversy in  a  way  that  justice  demands,  right  approves  and 
your  hearts  sanction. 


A  GRAVE  RESPONSIBILITY  307 

I  am  sure  you  will  agree  with  me  that  when  it  is  ended 
it  ought  to  be  ended  in  such  a  way  that  no  harm  shall  be- 
fall an  innocent  man  and  that  no  guilty  man  shall  go  un- 
punished ;  and  I  am  sure  you  will  agree  further  that  when  it 
is  ended  it  ought  to  be  ended  in  such  a  way  as  shall  be  a  credit 
to  Kentucky  for  her  sense  of  fairness  and  justice  in  dealing 
with  those  accused  of  the  infraction  of  her  laws.  If  you,  men, 
should  render  a  verdict  of  not  guilty  in  this  case  and  it  should 
turn  out  within  the  next  week  or  within  the  next  year  that  I 
am  guilty,  then  Kentucky  would  be  held  in  just  contempt  for 
the  lax  administration  of  the  law;  if  upon  the  other  hand  you 
should  find  a  verdict  of  guilty  in  this  case  and  it  should  turn 
out  within  the  next  one  hundred  years,  as  it  will  turn  out, 
that  I  am  not  guilty,  then  a  greater  injury  has  been  done  the 
state  than  if  she  had  put  herself  down  upon  the  side  of  law 
and  justice  and  mercy  and  humanity.  So  it  becomes  im- 
portant, gentlemen,  to  the  state  of  which  we  are  citizens,  that 
a  just  verdict  be  rendered  in  this  case.  Such  a  verdict  as 
will  do  no  injury  to  the  state,  no  harm  to  the  accu'sed,  no 
violence  to  the  oaths  you  have  taken  to  render  a  just  verdict 
and  such  a  verdict  as  will  not  in  future  years  bring  remorse 
of  conscience  to  your  souls. 

There  is  but  one  thing  to  do  in  order  to  determine  what 
that  verdict  shall  be,  and  that  is  to  determine  the  question  of 
my  guilt  or  innocence.  So  far  a's  the  merits  of  this  individual 
controversy  are  concerned,  it  does  not  matter  whether  one 
thousand  mountaineers  or  ten  thousand  were  brought  to 
Frankfort  by  me  before  the  killing  of  Mr.  Goebel,  because  no 
man  who  came  with  that  mountain  crowd  has  been  indicted 
for  firing  the  fatal  shot.  So  far  as  the  merits  of  this  individ- 
ual controversy  are  concerned,  it  does  not  matter  whether 
Taylor  called  out  the  militia  before  or  after  the  shooting  of 
Senator  Goebel.  I  was  not  a  military  officer,  gentlemen.  I 
had  nothing  to  do  with  the  militia.  No  connection  has  been 
shown  between  me  and  the  militia.  So  all  these  things  do 
not  matter.  The  question  is,  the  thing  with  which  I  am 
charged  is,  did  I  procure  some  one  to  shoot  and  murder  Sen- 
ator Goebel  and  was  he  killed  in  pursuance  of  that  counsel 
and  advice,  if  I  did  so  counsel  and  advise? 


308          MY  ADDRESS  TO  THE  JURY 

That  is  the  question  in  this  case,  men,  and  in  the  determina- 
tion of  that  question  there  are  certain  well-defined  roads  we 
must  travel,  two  beacon-lights  by  which  our  heads  and  hands 
and  hearts  are  to  be  guided  in  our  deliberations ;  and  that  is 
the  law  that  has  been  given  to  you  by  this  Honorable  Court 
and  the  testimony  you  have  heard  from  the  mouths  of  the  wit- 
nesses. That  is  it,  men,  those  are  the  two  things :  the  law 
and  the  testimony. 

This  is  a  peculiar  case  in  some  respects.  Under  ordinary 
circumstances  and  under  ordinary  conditions  the  juries  of  the 
country  are  left  to  decide  what  weight  and  what  credence 
they  are  willing  to  give  to  the  testimony  of  any  witness  or 
any  number  of  witnesses ;  but  that  is  not  true  in  this  case. 
Human  wisdom  and  human  experience  have  been  such  that 
when  men  are  charged  with  conspiracy  to  murder  their  fellow 
men,  those  men  can  not  be  relied  upon  to  tell  the  truth  when 
they  are  testifying  against  another  alleged  co-conspirator  for 
their  own  liberty.  The  Court  tells  you  in  one  of  his  instruc- 
tions, I  believe  number  eight,  that  one  alleged  conspirator 
can  not  corroborate  another  alleged  conspirator;  that  you  can 
not  believe  all  the  alleged  conspirators  unless  their  testimony 
is  corroborated  by  other  testimony  material  to  the  issue.  If 
the  county  of  Bourbon  was  filled  to  standing-room  with  men 
all  swearing  until  they  were  black  in  the  face  to  any  particular 
fact,  if  they  were  alleged  co-conspirators,  this  Court  tells  you 
that  you  can  not  believe  them  all  unless  their  testimony  is  cor- 
roborated by  other  testimony  material  to  the  issues.  If  the 
blackest  convict  in  the  penitentiary  at  Frankfort  should  come 
here  wearing  the  badges  of  infamy  around  his  person,  the  law 
tells  you  and  the  Court  tells  you  that  his  testimony  would  be 
entitled  to  more  weight  and  more  credence  than  the  testimony 
of  a  million  Cultons,  a  million  Goldens,  a  million  Cecils,  and 
a  million  Youtseys.  Why?  Because  the  law  would  not  chal- 
lenge the  negro's  testimony.  It  would  not  require  the  negro's 
testimony  to  be  corroborated  before  it  could  be  believed ;  but 
the  law  does  challenge  the  testimony  of  Culton,  Golden,  Cecil, 
Youtsey  and  Company,  and  says  that  it  must  be  corroborated 
before  it  can  be  believed. 

Another  thing  in  regard  to  these  instructions.    We  have 


"  BEYOND  A  REASONABLE  DOUBT  "  309 

heard  a  great  deal  said  by  Colonel  Hendrick  about  a  reason- 
able doubt,  believing  things  beyond  a  reasonable  doubt,  before 
you  could  convict  the  defendant  in  this  case.  If  you  were  to 
rely  upon  the  words  of  Colonel  Hendrick,  the  words  "  reason- 
able doubt "  are  a  mere  empty  phrase.  It  does  not  mean  any- 
thing, and  does  not  signify  anything.  This  Honorable  Court 
has  a  different  conception  of  that  phrase,  "  beyond  a  reasonable 
doubt."  I  will  not  take  up  your  time  to  read  these  instruc- 
tions—  that  was  done  by  Judge  Morton  — but  I  desire  to  say 
to  you  that  in  every  instruction  upon  which  a  verdict  of  guilty 
can  be  asked  you  will  be  compelled  to  believe  in  the  guilt  of 
the  accused  beyond  a  reasonable  doubt.  This  court  has  gone 
further  than  that.  It  feared  that  you  might  overlook  that 
important  language  in  these  instructions,  and  it  has  embodied 
it  in  separate,  distinct  and  independent  instructions,  and  said 
to  you  that  you  can  not  find  the  defendant  guilty  unless  you 
believe  beyond  a  reasonable  doubt,  from  the  testimony,  that 
he  is  guilty  of  that  with  which  he  is  charged.  What  does  that 
phrase  "beyond  a  reasonable  doubt"  mean,  gentlemen?  It 
must  mean  something;  else,  the  Court  would  not  have  used 
it.  And  I  desire  to  say  to  you  that  there  is  a  great  distinction 
between  the  trial  of  civil  and  criminal  cases  in  this  particular. 
If  this  had  been  a  civil  case,  the  Court  would  have  told  you 
that  the  verdict  ought  to  go  to  whichever  side  has  the  greater 
weight  of  testimony  to  sustain  it.  Our  law-makers  in  their 
wisdom  have  said  this.  Jurors  in  all  civil  cases  have  hung 
up  before  their  eyes  the  scales  of  justice,  as  it  were,  and  are 
required  to  render  a  decision  for  whichever  side  has  the 
greater  weight  and  value  of  testimony  to  sustain  it.  If  it  is 
for  the  plaintiff,  find  for  the  plaintiff.  If  it  is  for  the  defend- 
ant, find  for  the  defendant.  But  that  is  not  the  law  in  the 
trial  of  criminal  cases.  Human  liberty  and  human  life  are 
worth  more  than  mere  dollars  and  cents.  It  is  so  precious  and 
so  sacred  in  the  eyes  of  the  law,  before  you,  in  the  capacity 
of  jurors  in  this  case,  can  lay  violent  hands  upon  my  liberty, 
you  must  believe  from  the  testimony,  beyond  all  doubt,  founded 
upon  reason,  that  I  am  guilty  of  that  with  which  I  am  charged. 
Greenleaf,  the  great  writer  on  this  branch  of  the  law,  has 
defined  the  phrase  "beyond  a  reasonable  doubt."  He  says  it 


310          MY  ADDRESS  TO  THE  JURY 

means  this :  "  That  in  all  cases  of  circumstantial  testimony, 
the  facts  introduced  upon  the  side  of  the  prosecution  must  be 
such  that  there  can  be  no  escape  from  the  conclusion  that  the 
defendant  is  guilty.  In  other  words,  the  crime  with  which 
the  defendant  is  charged  could  not  have  been  committed  at 
the  hands  of  another  or  by  the  procurement  of  another."  That 
is  the  law  in  this  case.  I  will  give  Mr.  Franklin  the  oppor- 
tunity and  the  privilege  to  read  to  you  from  any  law  book 
known  to  civilized  man,  to  confute  or  contradict  the  position 
I  have  here  taken.  Applying  that  law  to  this  case,  there  is  not 
a  possibility  of  you,  gentlemen,  rendering  a  verdict  of  guilty. 
For  is  it  not  possible  that  Youtsey  fired  the  fatal  shot  on  his 
own  volition?  Is  not  that  possible?  Is  it  not  possible  that 
there  could  have  been  a  conspiracy  without  my  being  a  mem- 
ber of  it?  Is  it  not  possible  that  Butler  and  Miller  and  Jim 
Frank  Taylor  and  E.  U.  Fordyce  and  Ed  Mentz  and  Walter 
Day  and  George  W.  Long,  told  the  truth,  when  they  told  you 
that  my  mission  to  Louisville  on  the  thirtieth  of  January  was 
for  a  legitimate  and  honorable  purpose?  If  any  of  these  posi- 
tions can  be  true,  there  is  no  possibility  of  there  being  found, 
in  this  case,  a  verdict  of  guilty. 

Now,  gentlemen,  having  briefly  stated  the  law  governing  this 
case,  I  desire  to  take  up  the  testimony  and  see  what  it  proves 
and  what  it  disproves.  Before  there  can  be  a  contention  be- 
tween any  set  of  individuals  upon  any  sort  of  proposition, 
there  must  be  some  common  ground  upon  which  to  stand, 
something  upon  which  the  two  contending  parties  agree.  The 
prosecution  upon  the  one  hand  and  the  defendant  upon  the 
other,  in  this  case,  agree,  that  Senator  Goebel  came  to  a  shame- 
ful death  and  that  those  responsible  for  his  taking-off  should  be 
severely  dealt  with.  We  agree,  further,  that  assassination  is 
the  most  cowardly  and  blackest  of  crimes  known  in  the  cata- 
logue of  offenses. 

Every  honest  impulse  of  the  human  heart  revolts  and  rebels 
against  it.  We  agree  further,  I  presume,  that  the  killing  of 
Goebel  was  the  worst  possible  thing  that  could  have  befallen 
the  Republican  party  in  this  state,  and  whether  we  agree  on 
this  proposition  or  not,  you,  gentlemen,  know  that  it  is 
nevertheless  true.  Then  the  things  upon  which  we  agree  are, 


THE  PROSECUTION'S  CONTENTION  311 

that  Senator  Goebel  came  to  a  shameful  death;  that  those 
responsible  for  his  taking-off  should  be  punished ;  and  that  his 
killing  was  the  worst  thing  that  could  have  befallen  the  Re- 
publican party  in  thi's  state. 

We  differ  as  to  who  is  responsible  for  his  death.  The  pros- 
ecution claims  that  Senator  Goebel  came  to  his  death  as  the 
result  of  a  huge  Republican  conspiracy  of  which,  it  says,  I  was 
a  member.  And  in  support  of  their  contention  they  introduce 
a  large  mass  of  testimony  which  may,  for  the  convenience  of 
discussion,  be  divided  into  five  main  divisions : 

It  says,  first,  that  the  bringing  of  the  mountain  crowd  to 
Frankfort,  five  days  before  Senator  Goebel  came  to  his  death, 
constituted  a  part  of  the  conspiracy  to  murder  him. 

It  says,  second,  that  it  was  the  plan  of  those  implicated  in 
the  conspiracy  to  have  the  fatal  shot  fired  from  the  office  of 
the  secretary  of  state,  and  that  it  was  fired  from  there. 

It  says,  third,  that  I  absented  myself  from  that  office  on  the 
thirtieth  of  January,  1900,  for  two  reasons :  first,  to  give  the 
assassin  an  opportunity  to  use  that  office,  and  for  the  further 
reason,  as  it  alleges,  to  try  to  take  suspicion  of  the  crime  from 
myself. 

It  says,  fourth,  that  the  militia  was  to  be  used  for  the  pur- 
pose of  protecting  those  alleged  to  be  implicated  in  the  killing 
from  arrest  or  from  violence,  and  that  it  was  so  used. 

And  it  introduces,  fifth,  a  large  mass  of  threats  and  state- 
ments on  the  part  of  divers  individuals,  Culton,  Golden,  Yout- 
sey  and  others,  to  try  to  bolster  up  their  claim  and  theory  of 
a  conspiracy.  I  think  I  have  stated  with  accuracy  and  with 
fairness  the  claims  of  the  prosecution  in  this  case. 

The  defendant,  upon  the  other  hand,  denies  these  various 
allegations  on  the  part  of  the  prosecution  and  says  first,  that 
Senator  Goebel  did  not  come  to  his  death  as  the  result  of  a 
huge  Republican  conspiracy,  or  of  any  conspiracy,  of  which  I 
was  a  member. 

The  defense  says,  second,  that  the  bringing  of  the  mountain 
crowd  to  Frankfort,  five  days  before  Senator  Goebel  came  to 
his  death,  did  not  constitute  a  part  of  the  conspiracy  to  kill 
Senator  Goebel ;  as  alleged  by  the  prosecution ;  but  that  they 
came  to  Frankfort  upon  a  legitimate  and  peaceful  mission;  to 


3f2          MY  ADDRESS  TO  THE  JURY 

petition  the  Legislature  and  remonstrate  against  those  in  power 
from  overthrowing  the  will  of  the  people  as  expressed  at  the 
polls. 

The  defense  says,  third,  that  if  the  fatal  shot  was  fired  from 
the  office  of  the  secretary  of  state  it  is  the  very  best  proof 
that  I  am  not  implicated  in  it ;  because  nobody  but  a  fool 
would  agree  for  a  murderous  shot  to  be  fired  from  the  win- 
dows of  his  office,  or  his  home,  if  he  were  connected  with  it. 

The  defense  says,  fourth,  that  I  did  not  absent  myself  from 
the  office  on  the  thirtieth  of  January,  1900,  for  the  purpose 
either  of  letting  my  office  be  used  for  assassination,  or  of  try- 
ing to  cover  up  my  alleged  connection  with  it ;  but  that  my 
trip  to  Louisville  on  that  day  was  for  a  peaceful  and  legitimate 
mission,  of  trying  to  bring  to  Frankfort,  mostly  from  Western 
Kentucky,  another  crowd  of  men  to  petition  the  Legislature. 

The  defense  says,  fifth,  that  the  militia  was  not  used,  as 
alleged  by  the  prosecution  in  this  case,  to  protect  the  assassins 
from  arrest,  but  that  it  was  used  for  the  purpose  of  protecting 
the  occupants  of  the  Executive  Building  and  the  attaches  of 
the  various  offices  from  mob  violence.  The  defense  further 
says,  that  if  the  prosecution  be  right  in  their  claims  that  the 
militia  was  used  for  the  purpose  of  protecting  the  assassins, 
I  should  not  be  held  chargeable  with  it,  because  I  was  not 
a  military  officer  and  I  had  nothing  to  do  with  the  calling  out 
of  the  militia.  There  has  been  absolutely  no  connection 
shown  between  me  and  the  militia,  one  way  or  the  other. 

And  the  defense  claims,  sixth,  as  to  these  various  threats 
and  statements  proven  on  the  part  of  the  prosecution,  that  they 
have  been  proven  by  men  like  Golden,  Culton,  Cecil  and 
Youtsey,  who  are  under  indictment  in  this  case  and  swearing 
for  immunity,  or  they  are  sworn  to  by  such  men  as  Broughton, 
Huber,  Smith  and  Company,  who  are  swearing  for  money. 
Those  are  the  claims  of  the  prosecution  and  the  defense  in  this 
case.  Somebody  'must  be  right ;  somebody  must  be  wrong. 
The  claims  of  both  sides  can  not  be  right  because  the  two 
claims  are  antagonistic,  one  to  the  other,  and  the  existence  of 
the  one  set  of  claims  negatives  the  existence  of  the  other  set. 
(Court  here  took  a  few  minutes  for  recreation.) 

When  the  Court  kindly  gave  me  a  little  rest,  gentlemen,  I 


THE  CONSPIRACY  CHARGE          313 

was  just  saying  that  the  claims  on  the  part  of  the  prosecution 
and  those  on  the  part  of  the  defense  could  not  possibly  both 
be  true.  Now,  I  desire  to  take  up  the  first  claim  on  the  part 
of  the  prosecution,  namely,  that  Senator  Goebel  came  to  his 
death  as  the  result  of  a  huge  Republican  conspiracy,  of  which 
they  say  I  was  a  member.  That  assertion  on  the  part  of  the 
prosecution,  like  every  other  charge  they  make,  is  either  true 
or  false.  If  they  are  correct,  that  Senator  Goebel  came  to  his 
death  as  the  result  of  a  huge  Republican  conspiracy  of  which 
I  was  a  member,  I  see  no  escape  for  you,  gentlemen,  but 
to  bring  in  a  verdict  of  guilty.  If,  upon  the  other  hand,  they 
are  mistaken  in  that  charge,  you,  gentlemen,  can  not  do  any- 
thing but  bring  in  a  verdict  of  not  guilty. 

Senator  Goebel,  from  the  evidence,  came  to  his  death  in  one 
or  the  other  of  three  ways.  First,  he  came  to  his  death  as 
the  result  of  a  misadventure  which  I  will  not  discuss ;  or 
he  came  to  his  death  at  the  hands  of  some  one  acting 
on  his  own  volition;  or  he  came  to  his  death  as  the  re- 
sult of  a  conspiracy.  If  he  came  to  his  death  at  the  hands 
of  some  one  acting  on  his  own  volition,  I  could  not  be  guilty. 
I  was  seventy-five  miles  away  from  the  scene  of  the  tragedy 
at  the  time  of  its  commission  and  could  not  have  fired  the  fatal 
shot.  He  either  came  to  his  death  in  one  or  the  other  of  the 
two  ways  that  I  have  stated,  and  in  either  case  I  could  not  be 
guilty;  or  he  came  to  his  death  as  the  result  of  a  conspiracy, 
and  if  he  came  to  his  death  as  the  result  of  a  conspiracy,  I 
was  either  a  member  of  that  conspiracy  or  I  was  not  a  mem- 
ber of  it.  If  he  came  to  his  death  as  the  result  of  a  con- 
spiracy of  which  I  was  not  a  member,  no  one  will  contend 
that  I  am  guilty. 

Let  us  address  ourselves  to  the  first  contention  of  the  prose- 
cution. In  order  to  make  any  particular  individuals  re- 
sponsible for  the  death  of  Senator  Goebel,  they  must  have 
met  somewhere  and  formed  some  sort  of  plan  to 
bring  about  the  death  of  Senator  Goebel ;  and  he  must 
have  been  killed  in  pursuance  of  that  particular  plan.  Other- 
wise, no  guilt  attaches  so  far  as  the  death  is  concerned.  Two 
things  are  necessary.  There  must  have  been  a  conspiracy  to 
kill  Senator  Goebel  by,  at  least,  two  individuals,  and  he  must 


314  MY  ADDRESS  TO  THE  JURY 

have  met  his  death  in  pursuance  of  that  particular  conspiracy 
formed  by  them.  Then,  if  the  prosecution  knew  who  killed 
Senator  Goebel  at  the  time  this  indictment  was  returned  against 
me,  it  was  the  duty,  under  the  law,  of  the  Commonwealth's 
attorney,  Mr.  Franklin,  to  name  those  men  in  the  indictment. 

Either  there  was,  or  there  was  not,  a  conspiracy.  If  there 
was,  it  must  have  been  formed  at  some  place,  and  some  one 
must  have  been  in  it.  It  could  not  have  sprung  into  existence 
without  human  aid.  Stones  and  trees  do  not  enter  into  con- 
spiracies to  murder  human  beings.  The  Court  says,  in  his 
instructions :  "  A  criminal  conspiracy  is  a  corrupt  combination 
of  two  or  more  persons  by  concerted  action  to  do  an  unlawful 
act  or  to  do  a  lawful  act  by  unlawful  means."  Then  before 
there  can  be  a  conspiracy  there  must  be  a  corrupt  combination 
of  two  or  more  persons.  For  there  to  have  been  a  con- 
spiracy to  bring  about  the  death  of  Senator  Goebel,  two 
or  more  persons  must  have  met  at  some  place  and  entered 
into  an  agreement  looking  to  that  end;  that  is,  in  order  to 
have  been  an  agreement  there  must  have  been  some  talk  on 
the  subject  and  the  men  must  have  met  together.  Then  we 
arrive  at  the  conclusion  that  the  men  who  conspired  to  take 
the  life  of  Senator  Goebel,  if  there  was  a  conspiracy,  must 
have  met  at  a  place  for  that  purpose  or  had  some  communica- 
tion. That  is  a  plain  proposition,  gentlemen.  The  prosecution 
can  not  dispute  it.  Let  us  see  who  the  prosecution  says  were 
the  ones  who  entered  into  the  alleged  conspiracy. 

Let  us  see.  A  while  after  Senator  Goebel  was  killed,  on  the 
thirtieth  of  January,  1900,  it  was  either  claimed  by  the  prose- 
cution, or  its  friends,  that  this  alleged  conspiracy  that  resulted 
in  the  death  of  Senator  Goebel  had  -within  its  scope  most  of 
the  leaders  of  the  Republican  party  of  the  'state.  You  know, 
gentlemen,  that  charges  of  that  character  were  made.  The 
prosecution  has  formally  charged  some  twenty  men  with  being 
in  the  conspiracy  to  bring  about  the  death  of  Senator  Goebel. 
Now,  let  us  look  and  see  whom  the  prosecution  has  been 
mistaken  about  in  their  claims  and  in  their  charges. 

To  begin  with,  old  man  Holland  Whittaker  was  arrested  a 
few  minutes  after  Senator  Goebel  was  killed,  charged  with 
having  fired  the  shot.  He  was  carried  to  the  Franklin  County 


THE  FIRST  ARRESTS  315 

jail,  surrounded  by  a  mob  that  begged  for  the  poor  man's  life, 
and  wanted  to  take  it  without  trial  by  either  judge  or  jury. 

Following  Holland  Whittaker's  arrest,  the  next  man 
charged  with  having  taken  part  in  the  murder  of  Senator 
Goebel  was  Silas  Jones,  a  witness  here  for  the  prosecution. 
You  remember  that  Jones  was  arrested  on  the  ninth  day  of 
February  in  the  city  of  Frankfort,  by  Detective  Armstrong 
and  others ;  carried  down  to  the  police  headquarters  and  there 
told  that  he  either  killed  Senator  Goebel  himself,  or  knew 
who  did  it,  and  if  he  did  not  tell  they  would  call  the  mob. 
Silas  Jones  did  not  know  and  could  not  tell,  and  he  was 
lodged  in  the  jail  at  Frankfort. 

Following  his  arrest  came  the  arrest  of  a  Mr.  Sutton,  sheriff 
of  Whitley  County.  The  papers  teemed  with  damning  testi- 
mony against  him.  They  said  it  was  certain  that  he  was  impli- 
cated and  he  was  carried  from  one  jail  to  another  of  this  state 
in  shackles  and  chains,  branded  as  a  felon. 

Following  his  arrest  came  the  arrest  of  Mr.  Hazelipp,  who 
was  an  officer  at  the  asylum  at  Lakeland.  He  was  carried  in 
chains  up  to  Frankfort.  Following  that,  on  the  ninth  of 
March,  warrants  of  arrest  were  issued  for  my  brother,  Charles 
Finley,  William  Culton,  Captain  John  Davis  and  myself, 
charging  us  with  the  crime  of  bringing  about  the  death  of 
Senator  Goebel. 

Following  that  came  the  arrest  of  Henry  E.  Youtsey,  on  the 
twenty-seventh  of  March,  1900.  These  were  the  only  arrests 
that  were  made  before  people  were  formally  accused  by  indict- 
ment. 

At  the  April  term  of  the  Franklin  court,  1900,  indictments 
were  returned  against  five  men  who,  the  prosecution  charged, 
were  principals  in  this  murder,  namely,  Holland  Whittaker, 
Jim  Howard,  Berry  Howard,  "  Tallow  Dick "  Combs,  and 
Henry  E.  Youtsey.  They  said  in  the  indictment,  which  has 
been  read  to  you,  that  there  were  a  number  of  other  people 
connected  with  the  five  named  as  principals,  who  were  un- 
known to  the  grand  jury  and  unknown  to  the  prosecution.  At 
the  same  time  indictments  were  returned  against  several  people, 
charging  them  with  being  accessories  before  the  fact  to  the 
murder  of  William  Goebel.  They  indicted  at  that  time  Taylor, 


3i6          MY  ADDRESS  TO  THE  JURY 

Finley,  myself,  my  brother,  Captain  John  Davis,  Green  Golden, 
Wharton  Golden  and  Bill  Culton,  charging  us  with  being 
accessories  before  the  fact.  Following  these  indictments,  the 
next  man  charged  by  the  prosecution  as  being  implicated  in 
the  murder  of  William  Goebel,  was  his  Honor,  Robert 
Noakes,  Esq.  Robert  Noakes  was  arrested  over  in  Virginia  a 
few  days  before  I  had  my  first  trial  in  this  court-house  in 
July  and  August,  1900.  He  was  brought  down  to  Frankfort, 
stayed  in  jail  a  day  or  two,  was  brought  over  here  and  testified 
in  my  case,  and  after  doing  that,  he  was  never  indicted.  Fol- 
lowing that,  the  next  man  charged  with  the  murder  of  Mr. 
Goebel  was  Captain  Garnett  D.  Ripley.  He  was  indicted  at 
the  January  term  of  the  Frankfort  circuit  court,  1901,  a  year 
after  Senator  Goebel  had  been  killed.  It  took  the  prosecution 
a  whole  year  to  make  up  its  mind  and  come  to  the  conclusion 
that  Captain  Garnett  D.  Ripley  was  guilty  of  the  murder  of 
Senator  Goebel.  They  arrested  him  down  in  Henry  County, 
carried  him  up  to  Frankfort,  and  lodged  him  behind  prison 
bars. 

The  next  men  charged  by  the  prosecution  with  being  impli- 
cated in  the  murder  of  Senator  Goebel  were  Cecil,  the  witness, 
and  Zack  Steele.  These  men  were  not  indicted  until  the  Jan- 
uary term  of  the  Franklin  circuit  court,  1902,  two  years  after 
Senator  Goebel  had  been  killed.  I  believe  these  are  all  the 
men  that  have  been  formally  charged  by  the  prosecution  with 
being  implicated  in  the  murder  of  Senator  Goebel. 

Now,  let  us  see  who  it  is  that  the  prosecution  has  confessed 
by  its  own  conduct  to  be  not  guilty  of  that  with  which  they 
were  charged. 

Silas  Jones  was  arrested,  but  never  indicted.  Noakes  was 
arrested,  but  never  indicted.  Sutton  was  arrested,  but  never 
indicted.  Hazelipp  was  arrested,  but  never  indicted.  That 
makes  four  men  whom  the  prosecution  has  certainly  confessed 
by  their  conduct  to  be  not  guilty,  else  they  would  have  indicted 
them  and  tried  them.  Four  men  from  this  twenty  leaves  six- 
teen men  who,  the  prosecution  at  one  time  or  another  was  so 
thoroughly  convinced,  were  guilty  men,  that  they  actually  had 
them  indicted  by  that  convenient  body,  the  grand  jury  of 
Franklin  County.  Of  the  sixteen  men,  whom  the  prosecution 


NOT  GUILTY  OF  MURDER  317 

has  formally  indicted,  let  us  see  whom  they  have  confessed  by 
their  own  conduct  to  be  not  guilty  of  the  murder  of  Senator 
Goebel. 

They  have  confessed  by  their  conduct  that  Captain  Davis  is 
not  guilty  of  the  murder  of  Senator  Goebel,  although  he  was 
indicted  at  the  same  term  of  court  at  which  I  was  indicted, 
and  although  he  was  on  the  train  with  me  when  we  were  try- 
ing to  get  to  the  mountains  of  Kentucky.  He  was  dressed  in 
a  military  garb  and  he  had  a  pardon  in  his  pocket  from  W.  S. 
Taylor  for  alleged  complicity  in  the  murder  of  Senator  Goe- 
bel. These  things,  say  the  prosecution  against  me,  are  over- 
whelming and  damning  testimony  of  my  guilt.  They  are  not 
so  in  the  ca'se  of  Captain  Davis.  He  is  not  guilty.  The  prose- 
cution has  confessed  that  by  its  conduct,  because  in  August, 
1900,  Captain  Davis  was  given  bond  and  sent  to  his  home  and 
told  by  the  prosecution  if  they  ever  needed  him  they  would 
send  for  him.  They  do  not  now  say  that  Captain  Davis  had 
anything  to  do  with  the  murder  of  Senator  Goebel.  You  have 
not  heard  anything  of  that  character  in  this  case.  So  when 
they  charged  in  this  indictment  that  Captain  John  Davis  and 
I  conspired  together  in  bringing  about  the  death  of  Mr.  Goebel, 
that  charge  in  your  indictment,  Mr.  Franklin,  is  wrong,  ac- 
cording to  your  own  confession. 

Let  us  see  whom  else.  They  charged  Green  Golden  with 
being  implicated  with  me  in  the  murder  of  Senator  Goebel ; 
they  said  that  Green  Golden  and  myself  entered  into  a  con- 
spiracy to  bring  about  the  death  of  Senator  Goebel.  Green 
Golden  was  not  arrested  for  a  long  time.  He  was  finally 
arrested  and  brought  to  Frankfort  and  lodged  in  jail,  and 
after  many  months  of  weary  waiting,  was  at  last  discharged 
on  bond  and  sent  home.  The  prosecution  has  never  tried  him. 
They  never  got  ready  to  try  him.  They  never  expect  to  try 
him.  And  when  they  charge  in  this  indictment  that  I  con- 
spired with  Green  Golden  to  bring  about  the  death  of  Mr. 
Goebel,  that  charge,  they  now  confess  by  their  conduct,  is 
wrong. 

Let  us  see  whom  else.  They  charge  in  this  indictment  that 
I  conspired  with  Wharton  Golden  and  W.  H.  Culton  to  bring 
about  the  death  of  Senator  Goebel,  Golden  and  Culton  are 


3i8  MY  ADDRESS  TO  THE  JURY 

two  of  the  leading  star-witnesses  for  the  prosecution.  Golden 
says  he  heard  a  great  deal  of  rash  talk.  He  says  that  he  heard 
me  use  a  great  many  expressions  of  violence,  but  as  far  as  he 
is  individually  concerned,  he  did  not  know  anything  about 
Senator  Goebel  going  to  be  killed  on  the  thirtieth  of  January. 
He  said  the  only  way  he  expected  Senator  Goebel  to  be  killed 
was  in  a  fight  in  the  legislative  hall.  So,  if  Golden's  word 
can  be  relied  upon,  Golden  certainly  did  not  know  anything 
about  the  alleged  plan  of  killing  Senator  Goebel,  and,  there- 
fore, the  conclusion  is  that  I  could  not  have  been  in  any  con- 
spiracy with  Golden,  if  I  were  in  one  at  all.  And  there  is  an- 
other fact  which  leads  me  to  believe  that  the  prosecution  does 
not  believe  that  Golden  was  in  a  conspiracy  to  murder  Senator 
Goebel.  You  remember  he  told  you  that  he  was  over  in 
Cincinnati  selling  hardware  in  the  store  of  Mr.  Arthur 
Goebel.  I  do  not  for  a  minute  believe  that,  if  Arthur  Goebel 
believed  Golden  was  guilty  of  complicity  in  the  murder  of 
his  brother,  Mr.  Goebel  would  have  the  remotest  connec- 
tion with  Wharton  Golden,  one  way  or  the  other.  I  am  confi- 
dent he  would  not  do  it  And  there  is  another  thing  about 
Culton  which  leads  me  to  believe  that  the  prosecution  doe's 
not  believe  him  to  be  guilty.  I  am  not  passing  on  the  guilt 
or  innocence  of  Culton.  I  have  nothing  to  do  with  that. 
Culton  says  he  is  not  guilty.  He  is  a  witness  for  the  prosecu- 
tion and  he  says  he  heard  a  great  many  threats  and  statements 
and  heard  a  great  deal  of  wild  talk,  and  that  he  was  the 
man  chosen  to  go  up  in  the  House  of  Representatives  and 
raise  a  fight  and  kill  off  enough  Democrats  to  make  a  Repub- 
lican majority  and  all  that,  but  he  further  tells  you  that  he 
was  the  worst  surprised  man  in  the  whole  city  of  Frankfort 
when  he  heard  of  Senator  Goebel's  being  shot.  He  further 
tells  you  that  he  never  did  advise  with  me  in  his  life  concern- 
ing the  death  of  Senator  Goebel,  that  he  never  heard  me  use  an 
expression  about  it  one  way  or  the  other.  He  says  he  heard 
me  use  wild  talk,  but  not  about  killing  Senator  Goebel.  That 
is  the  testimony  in  this  case  and  it  will  not  be  denied.  And 
if  the  prosecution  believe  that  Culton  was  a  member  of  the 
conspiracy  to  kill  Senator  Goebel,  I  can  not  think  that  it  would 
have  him  over  at  the  Wellington  Hotel,  the  best  hotel  in  this 


INDICTMENT  MUST  BE  WRONG       319 

town,  and  be  thrown  in  daily  companionship  with  him.  It  is 
your  duty,  Mr.  Franklin,  to  prosecute  the  guilty  and  not  to 
associate  with  them  in  ideal  fellowship  and  make  out  of  them 
boon  companions. 

Culton  says  he  is  not  swearing  for  immunity.  Culton  says 
he  is  not  getting  anything  for  his  testimony.  If  Culton  is  not 
swearing  for  immunity,  and  is  not  getting  anything  for  his 
testimony,  the  prosecution  surely  feels  that  he  is  not  guilty, 
because  if  he  is  not  swearing  for  immunity  nor  to  get  money, 
if  he  is  guilty,  the  prosecution  would  certainly  have  brought 
him  to  trial.  But  you  can  put  Golden  and  Culton  down  in 
whatever  category  you  want  to ;  they  both  say  that  they  were 
not  in  any  conspiracy  with  me  to  bring  about  the  death  of 
Mr.  Goebel.  Golden  said  he  didn't  know  anything  about 
Goebel's  going  to  be  killed  from  the  office  of  the  secretary  of 
state,  and  that  he  had  no  knowledge  of  such  a  plan,  and  Culton 
tells  you  that  he  was  the  most  surprised  man  in  Frankfort 
when  he  heard  it,  and  that  he  was  never  in  any  plot  or  plan 
to  bring  about  the  death  of  Mr.  Goebel.  Then,  if  the  testi- 
mony of  Golden  and  Culton  can  be  relied  upon,  certainly  I  was 
not  in  any  conspiracy  with  them  to  bring  about  the  death  of 
Mr.  Goebel,  because  they  say  so,  and  they  are  star-witnesses 
for  the  prosecution.  Therefore,  when  you  charge  in  your  in- 
dictment, Mr.  Franklin,  that  I  conspired  with  Golden  and  Cul- 
ton to  bring  about  the  death  of  Mr.  Goebel,  that  much  more  of 
your  indictment  must  be  wrong. 

Let  us  see  whom  else.  They  charge  in  this  indictment  that 
I  was  in  a  conspiracy  with  Frank  Cecil  to  bring  about  the  death 
of  Senator  Goebel.  They  put  Cecil  upon  the  witness-stand 
and  Cecil  says  that,  so  far  as  he  is  individually  concerned,  he 
had  not  the  slightest  idea  that  Senator  Goebel  was  going  to  be 
killed,  except  the  impression  left  upon  his  mind  by  the  expres- 
sion he  says  that  he  heard  me  make  the  night  before  Goebel 
was  killed.  He  says,  so  far  as  he  was  concerned,  he  was  in 
no  plot  or  plan  to  kill  Senator  Goebel.  He  said  he  did 
not  know  anything  about  Mr.  Goebel's  going  to  be  killed  from 
the  office  of  the  secretary  of  state.  He  said  when  I  told  him 
on  the  night  of  the  twenty-ninth  of  January  that  there  was  a 
man  coming  down  to  kill  Goebel  the  next  day,  that  he  never 


320  MY  ADDRESS  TO  THE  JURY 

asked  me  who  it  was  or  anything  about  it.  But  I  will  get  to 
that  conversation  later  on.  He  said  he  never  asked  me  any- 
thing about  it;  never  inquired  about  it;  didn't  care  anything 
about  it.  He  says  when  I  told  him  there  was  a  man  across 
the  hall  who  wanted  to  kill  Mr.  Goebel  a  few  days  ago,  and 
that  I  would  not  let  him  do  it,  that  he  did  not  inquire  what 
the  name  of  the  man  was;  that  he  did  not  know  anything 
about  it  and  cared  less.  Then  if  Cecil  can  be  relied  upon,  so 
far  as  Cecil  is  concerned,  he  and  myself  did  not  have  anything 
to  do  with  the  murder  of  Mr.  Goebel.  Cecil  said  that  he  was 
an  innocent  man.  Then  when  you  charge  me  in  this  indict- 
ment with  being  in  a  conspiracy  to  bring  about  the  death  of 
Mr.  Goebel,  with  Frank  Cecil,  if  Cecil  can  be  believed,  that 
much  more  of  your  indictment  is  wrong. 

Now,  let  us  see  whom  else.  They  charge  in  this  indictment 
that  I  was  in  a  conspiracy  with  poor  old  Holland  Whittaker  to 
bring  about  the  death  of  Senator  Goebel.  That  is  the  charge 
in  this  indictment.  Whittaker  was  turned  loose  on  bond 
away  back  in  August,  1900,  and  has  been  with  his  wife  and 
children  ever  since,  and  the  prosecution  now  says  old  man 
Whittaker  had  nothing  to  do  with  the  killing  of  Mr.  Goebel. 
Terms  of  court  after  terms  of  court  have  passed  in  this  court- 
house, and  the  case  of  Holland  Whittaker  has  not  been  called 
for  trial.  The  prosecution  has  never  gotten  ready  to  try  old 
man  Whittaker.  Whittaker  has  never  prepared  for  trial. 
They  have  given  him  bond  and  told  him  to  go  home,  and,  if 
their  present  theory  is  to  be  relied  upon,  old  man  Whittaker 
had  nothing  to  do  with  the  killing  of  Mr.  Goebel.  Therefore, 
the  conclusion  is  inevitable  that  I  could  not  have  conspired 
with  him  to  bring  about  the  death  of  Mr.  Goebel. 

Let  us  see  whom  else.  Captain  Garnett  D.  Ripley  has  been 
indicted  as  being  an  accessory  before  the  fact  to  the  murder 
of  Senator  Goebel.  They  charge  that  he  and  I  were  impli- 
cated in  the  murder  of  Senator  Goebel.  As  I  said  a  few 
minutes  ago,  it  took  the  prosecution  a  whole  year  to  find  out 
that  Captain  Garnett  D.  Ripley  was  guilty.  They  did  not 
indict  him  until  the  January  term  of  the  Franklin  circuit 
court,  1001.  That  was  nearly  a  whole  year  after  Senator 
Goebel  had  been  killed,  and  nearly  a  whole  year  since  they 


321 

had  charged  me  with  being  implicated  in  the  murder  of  Sen- 
ator Goebel.  In  other  words,  the  prosecution  had  a  whole 
year  to  investigate  the  guilt  of  Captain  Garnett  D.  Ripley 
and  after  a  thorough  investigation  they  came  to  the  conclusion 
that  he  was  guilty ;  and  they  arrested  him  down  in  Henry 
County  and  carried  him  up  to  the  Franklin  County  jail,  fol- 
lowed by  his  broken-hearted  wife  and  terrified  little  daughter, 
and  lodged  him  behind  the  bars.  His  trial  came  up  in  April 
of  the  same  year  arid  the  jury  in  that  case  said,  "  We,  the  jury, 
agree  and  find  the  defendant  not  guilty,"  and  they  sent  him 
home.  Therefore,  when  they  charged  in  this  indictment,  that 
I  was  in  a  conspiracy  with  Captain  Gartiett  D.  Ripley  to 
bring  about  the  death  of  Senator  Goebel,  that  much  more  of 
their  indictment  must  be  wrong. 

Let  us  see  whom  else.  There  was  Berry  Howard,  with 
whom,  they  charged  in  this  indictment,  I  conspired  to  bring 
about  the  death  of  Senator  Goebel.  Berry  Howard  was  not 
arrested  for  quite  a  long  time.  He  was  finally  arrested  and 
lodged  in  jail  in  Frankfort.  He  was  put  on  trial  for  his  life, 
and,  Mr.  Franklin,  before  the  jury,  begged  for  his  life.  The 
jury  acquitted  Berry  Howard  and  sent  him  home.  Therefore, 
I  could  not  have  been  in  any  conspiracy  to  kill  Senator  Goebel 
with  Berry  Howard,  because  the  jury  in  that  case  said  that  he 
was  innocent  of  the  charge  against  him,  and,  therefore,  when 
you  charge  us  with  joint  complicity  in  the  murder  of  Mr. 
Goebel,  that  much  more  of  your  indictment,  Mr.  Franklin, 
must  be  wrong. 

Let  us  see  whom  else.  Here  is  Dick  Combs.  They  charged 
in  this  indictment  that  Dick  Combs  and  myself  were  in  a 
conspiracy  to  bring  about  the  death  of  Senator  Goebel.  Dick 
Combs  was  finally  lodged  in  jail  at  Frankfort.  Away  back 
in  August,  1900,  he  was  given  bond  and  sent  home  by  Mr. 
Franklin,  and  if  their  present  theory  can  now  be  relied  upon, 
Dick  Combs  had  nothing  to  do  with  the  murder  of  Senator 
Goebel.  Youtsey  told  Mr.  Arthur  Goebel  that  it  was  Dick 
Combs  that  he  was  dealing  with  in  trying  to  kill  his  brother. 
Upon  that  word  of  Youtsey,  believing  what  he  said,  Mr. 
Goebel  had  Dick  Combs  arrested,  but  Youtsey  says :  "  I  was 
mistaken  about  that.  Hockersmith  was  the  man.  I  am  re- 


322          MY  ADDRESS  TO  THE  JURY 

sponsible  for  Dick  Combs'  indictment  and  arrest.  I  told 
them  it  was  Dick  Combs  but  it  turned  out  to  be  Hockersmith." 
So,  when  they  charged  in  the  indictment  here  that  Dick 
Combs  and  myself  were  in  a  conspiracy  to  bring  about  the 
death  of  Senator  Goebel,  that  much  more  of  their  indictment 
is  wrong. 

Now,  let  us  see  with  whom  the  prosecution  has  confessed, 
by  its  conduct,  that  I  was  in  no  conspiracy.  I  was  in  no 
conspiracy  with  Silas  Jones,  none  with  Sutton,  none  with 
Noakes,  none  with  Hazelipp ;  because  they  were  never  indicted. 
I  was  in  none  with  Captain  Davis,  none  with  Berry  Howard, 
none  with  Green  Golden,  none  with  Wharton  Golden  and 
Bill  Culton,  if  they  can  be  believed ;  none  with  Captain  Gar- 
nett  D.  Ripley,  none  with  Dick  Combs.  Then  let  us  see  whom 
I  was  in  a  conspiracy  with,  if  I  was  in  a  conspiracy  with 
anybody.  Taking  these  men  from  the  list,  whom  else  do  we 
have?  They  say  that  Taylor  conspired  with  Jim  Howard 
and  Henry  Youtsey,  and  these  other  men,  to  bring  about  the 
death  of  Senator  Goebel.  I  am  here  to  say  to  you  that  I  do 
not  know  anything  about  that.  Taylor  may  have  done  it  and 
he  may  not  have  done  it.  I  am  not  here  to  answer  for  the 
sins  of  Governor  Taylor,  if  he  has  any  sins.  He  can  do 
that  for  himself.  I  don't  know  whom  he  conspired  with, 
whether  anybody,  but,  as  far  as  I  am  individually  concerned, 
I  expect  to  show  you  that  I  did  not  conspire  with  anybody. 
They  charge  in  this  indictment  here  that  I  procured  five  men 
to  shoot  and  murder  Senator  Goebel,  and  they  said  at  that 
time  that  there  were  unknown  men  acting  with  these  men,  but 
that  bugaboo  of  an  unknown  quantity  has  been  cast  into  the 
mist.  That  bugaboo  of  an  unknown  man  whom  the  country 
was  taught  to  believe  must  have  been  some  mountain  man,  who 
came  down  with  that  mountain  crowd,  has  been  cast  away; 
because,  if  the  prosecution  can  be  relied  upon,  no  man  who 
came  in  that  mountain  crowd  had  aught  to  do  with  the  firing 
of  the  shot  that  resulted  in  the  death  of  Senator  Goebel. 
None  was  present,  aiding,  or  sheltering  those  who  did  fire  it 
But  five  men  have  been  indicted  as  principals :  Holland  Whit- 
taker,  who  lives  in  Butler  County ;  "  Tallow  Dick "  Combs, 
who  had  nothing  to  do  with  the  mountain  crowd  and 


MOUNTAINEERS  INNOCENT          323 

did  not  come  with  it ;  Henry  E.  Youtsey,  who  lived  up  here  in 
the  northern  part  of  this  state  in  the  county  of  Campbell, 
and  who  says  he  had  nothing  to  do  with  the  mountain  crowd, 
and  James  Howard,  who  did  not  come  with  the  mountain 
crowd,  and  had  nothing  to  do  with  it,  if  the  position  of  the 
prosecution  can  be  relied  upon;  because  they  say  that  he  came 
to  Frankfort  on  the  very  day  that  Senator  Goebel  was  killed, 
within  less  than  an  hour  of  the  murder.  The  mountain 
crowd  came  five  days  before.  But  for  a  long  time  this  coun- 
try was  taught  to  believe  that  the  mountain  crowd  killed 
Senator  Goebel,  and  that  I  brought  the  mountain  crowd  to 
Frankfort,  and  that,  therefore,  I  am  responsible  for  what  the 
mountain  crowd  did ;  because  they  said  that  the  unknown 
men  in  the  indictment  certainly  embraced  some  of  the  moun- 
tain crowd.  But  that  ghost  of  an  unknown  man,  if  the  prose- 
cution can  be  relied  upon,  has  been  taken  out  of  the  case; 
for,  they  now  say  there  was  no  unknown  man  about  it.  They 
say  now  that  the  unknown  man  had  nothing  to  do  with  it; 
that  he  was,  and  is,  a  mere  will-o'-the-wisp,  without  either 
a  local  habitation  or  a  name.  If  they  can  be  relied  upon,  it 
was  Jim  Howard  and  Henry  Youtsey,  who  fired  the  fatal 
shot  that  resulted  in  the  death  of  Senator  Goebel,  and  nobody 
else  was  about,  or  had  anything  to  do  with  it,  because  Yout- 
sey says  he  said  to  Howard :  "  Do  you  want  to  see  the  gov- 
ernor," and  Howard  said  to  Youtsey :  "  I  don't  want  to  see 
anybody,"  and  Youtsey  says  there  was  nobody  in  the  hallway, 
and  Youtsey  said  to  Howard :  "  If  you  see  anybody  coming, 
step  under  the  stairway."  Then  nobody  was  in  or  about 
the  office  of  the  secretary  of  state,  or  the  hallway,  and  no- 
body had  anything  to  do  with  the  killing  of  Mr.  Goebel  except 
Jim  Howard  and  Youtsey,  if  the  position  of  the  prosecution 
can  now  be  relied  upon,  and,  therefore,  all  this  bugaboo  about 
the  mountain  crowd,  or  any  of  them  killing  Senator  Goebel, 
vanishes  into  vapor.  Therefore,  none  of  this  conduct  on  the 
part  of  the  mountain  crowd,  none  of  this  wild  speech  on  the 
part  of  the  mountain  crowd,  resulted  in  the  death  of  Senator 
Goebel ;  because  no  man  who  came  with  that  mountain  crowd 
has  ever  been  accused  by  the  prosecution  of  firing  the  fatal 
shot,  or  being  present,  aiding  and  abetting  those  who  did  fire 


324  MY  ADDRESS  TO  THE  JURY 

it.  Another  distinct  and  independent  set  of  men  have  been 
indicted  as  heretofore  referred  to,  and  all  this  abuse  of  the 
mountaineers,  about  their  wearing  cottonade  pants  and  buckeye 
hats,  and  all  this  alleged  shooting  and  all  this  alleged  threat- 
ening speech  on  their  part,  have  been  dragged  into  this  case 
for  a  purpose,  and  that  purpose  is  to  prej  udice  you  against  me ; 
because  I  did  bring  the  mountain  crowd  to  Frankfort,  and  I 
will  take  up  later  and  explain  to  you,  gentlemen,  my  motives 
for  bringing  that  mountain  crowd.  But  if  the  prosecution  can 
now  be  relied  upon,  no  member  of  that  mountain  crowd  fired 
the  fatal  shot,  or  was  present  aiding  or  abetting  those  who 
did  fire  the  fatal  shot  that  resulted  in  the  death  of  Senator 
Goebel ;  therefore,  if  they  constituted  a  part  of  the  alleged 
conspiracy  to  murder  Mr.  Goebel,  as  is  maintained  by  the 
prosecution,  that  conspiracy  resulted  in  nothing,  because  a 
different  set  of  men,  living  in  other  portions  of  the  state,  have 
been  indicted,  charged  with  firing  the  fatal  shot. 

But  I  am  wandering  just  a  bit.  I  say  they  have  charged 
me  with  procuring  Holland  Whittaker,  Dick  Combs,  Henry  E. 
Youtsey,  Berry  Howard  and  Jim  Howard  to  fire  the  shot 
that  resulted  in  the  death  of  Senator  Goebel,  none  of 
whom  came  with  the  mountain  crowd.  That  is  what  they 
charge  me  with.  If  I  did  procure  those  men  to  shoot  Senator 
Goebel,  I  am  guilty.  If  I  did  not  procure  those  men  to  kill 
Senator  Goebel,  then  I  am  not  guilty,  although  the  mountain 
crowd  came  to  Frankfort,  and  although  the  militia  was  called 
out,  and  although  there  was  a  great  deal  of  excited  speech  and 
a  great  deal  of  reckless  talk  done  at  Frankfort,  during  those 
stormy  times.  I  say  if  I  procured  Jim  Howard,  Henry  Yout- 
sey, Dick  Combs,  Holland  Whittaker  or  Berry  Howard  to  shoot 
or  kill  Senator  Goebel,  then  I  am  guilty,  whether  the  moun- 
tain crowd  came  to  Frankfort  or  not ;  but  if  I  did  not  procure 
Jim  Howard,  Henry  Youtsey,  Dick  Combs  or  Holland  Whit- 
taker or  Berry  Howard  to  shoot  or  kill  Senator  Goebel,  then 
I  could  not  be  guilty,  although  the  mountain  crowd  did  come 
to  Frankfort,  and  although  the  militia  was  called  out.  I 
think  that  is  clear. 

Now,  let  us  see:  Did  I  procure  Dick  Combs  to  shoot  and 
murder  Mr.  Goebel?  What  is  the  testimony  in  this  case? 


CONSPIRED  WITH  NO  ONE  325 

Dr.  Prewitt  told  you  that  Dick  Combs  was  in  the  adjutant 
general's  office  when  the  fatal  shot  was  fired.  The  testimony 
in  this  case  is,  that  I  never  laid  eyes  on  Dick  Combs  until  after 
Dick  Combs  was  arrested  and  lodged  in  the  Franklin  County 
jail,  charged  with  this  crime,  the  same  as  myself.  The  testi- 
mony is  that  I  never  saw  Dick  Combs,  had  no  communication 
with  him,  had  nothing  to  do  with  him,  and  did  not  know 
him  until  after  he  was  lodged  in  jail,  after  I  had  been  lodged 
in  jail.  Therefore,  the  conclusion  is  inevitable  that  I  did  not 
conspire  with,  aid,  counsel,  advise  or  procure  Dick  Combs  to 
shoot  and  murder  Senator  Goebel.  There  can  be  no  doubt 
about  that,  and  when  they  charge  in  this  indictment  that  I 
procured  Dick  Combs  to  shoot  and  murder  Senator  Goebel, 
'you  know,  and  the  whole  country  knows,  that  that  much  more 
of  their  indictment  is  wrong;  because  I  did  not  procure  Dick 
Combs  to  shoot  and  murder  Senator  Goebel,  if  the  testimony 
for  the  prosecution  in  this  case  can  be  relied  upon. 

Now,  let  us  see  whom  else:  They  charge  in  this  indictment 
that  I  procured  old  man  Holland  Whittaker  to  shoot  and  mur- 
der Senator  Goebel.  That  is  charged  in  this  indictment,  but 
the  testimony  is,  that  I  never  saw  old  man  Holland  Whittaker 
until  after  he  was  arrested  and  I  was  arrested,  and  until  we 
were  carried  to  the  Louisville  jail  for  safe-keeping  after  Sena- 
tor Goebel  had  been  shot.  That  is  the  testimony  in  this  case. 
There  is  nothing  in  the  whole  record  to  contradict  it.  So  if 
the  testimony  can  be  relied  upon,  I  certainly  did  not  procure 
Holla.nd  Whittaker  to  shoot  and  murder  Senator  Goebel.  And 
besides  that,  the  prosecution  now  says  that  Holland  Whittaker 
had  nothing  to  do  with  the  killing  of  Goebel. 

Then  they  charge  me  in  this  indictment  with  procuring 
old  man  Berry  Howard  to  murder  Senator  Goebel.  That  is 
what  they  charge  me  with  and  that  is  what  you,  gentlemen,  are 
trying  me  for.  That  is  the  thing  upon  which  you  are  asked 
to  take  from  me  my  life  by  these  able  gentlemen  in  their 
excited  arguments.  What  is  the  testimony  in  this  case?  The 
testimony  in  this  case  is,  that  I  had  scarcely  met  Berry  How- 
ard before  Senator  Goebel  was  killed ;  that  I  had  had  no 
communication  with  him ;  that  I  had  had  no  conference  with 
him ;  that  I  did  not  procure  him  to  do  anything,  and  besides 


326  MY  ADDRESS  TO  THE  JURY 

that,  Berry  Howard  has  been  acquitted  of  the  charge  of  having 
fired  the  shot,  or  of  being  present,  aiding,  or  abetting  those 
who  did  fire  the  fatal  shot  that  resulted  in  the  death  of  Sena- 
tor Goebel.  Then  three  out  of  the  five  named  persons  I 
could  not  be  guilty  with.  I  was  not  guilty  with  "  Tallow 
Dick  "  Combs.  I  did  not  know  "  Tallow  Dick "  Combs,  and 
"  Tallow  Dick  "  Combs  has  been  turned  loose  and  has  had  his 
liberty  for  nearly  three  years.  I  could  not  be  guilty  with  old 
man  Holland  Whittaker,  I  did  not  know  him,  and  he  has  been 
given  his  liberty  for  nearly  three  years.  I  could  not  have 
been  guilty  with  Berry  Howard,  because  Berry  Howard  has 
been  acquitted  by  a  jury  of  his  country.  Then  if  I  am  guilty 
at  all,  I  must  be  guilty  in  procuring  either  Jim  Howard  or 
Henry  E.  Youtsey  to  shoot  and  murder  Senator  Goebel.  I 
couldn't  be  guilty  with  these  other  men.  Then,  I  repeat,  if 
I  am  guilty  at  all,  I  must  be  guilty  of  procuring  either  Jim 
Howard  or  Henry  E.  Youtsey  to  fire  the  fatal  shot  that  re- 
sulted in  the  death  of  Senator  Goebel.  There  can  be  no 
escape  from  that. 

Now,  did  I  procure  Jim  Howard  to  fire  the  fatal  shot  that 
resulted  in  the  death  of  Senator  Goebel?  These  men  in  their 
arguments  here  stated  that  Jim  Howard  was  the  man*  behind 
the  gun ;  that  Jim  Howard  was  the  man  who  pulled  the  trig- 
ger and  fired  the  fatal  shot.  Did  I  procure  Jim  Howard  to 
fire  the  shot  that  resulted  in  the  death  of  Senator  Goe- 
bel? If  I  did,  I  am  guilty.  If  I  did  not,  then  as  far  as  Jim 
Howard  is  concerned,  I  am  not  guilty. 

What  is  the  testimony  in  this  case?  Think  over  it  We 
have  gone  through  this  trial  for  some  four  weeks.  Think 
over  the  testimony  that  has  been  introduced  on  the  witness- 
stand  in  this  case  and  point  to  a  single  witness  on  the  part  of 
the  prosecution  or  the  defense  that  said  I  ever  even  knew  Jim 
Howard  at  the  time  Senator  Goebel  was  shot  on  the  thirtieth 
of  January,  or  prior  thereto.  If  you  will  show  me  a  witness 
in  the  whole  case  who  has  sworn  from  this  witness-stand 
that  I  even  knew  Jim  Howard,  I  will  agree  right  now  that 
you,  gentlemen,  shall  bring  in  a  verdict  of  guilty.  Show  it, 
and  bring  in  your  verdict.  There  is  not  a  man  in  all  the 
record  of  this  case,  from  the  first  witness  to  the  last,  who 


DID  NOT  KNOW  HOWARD  327 

has  testified  that  I  even  knew  Jim  Howard  on  the  thirtieth  of 
January,  1900.  Point  it  out,  Mr.  Franklin,  and  then  ask 
a  verdict  of  guilty  at  the  hands  of  the  jury;  point  it  out,  and 
I  will  agree  that  you  find  me  guilty.  If  the  testimony  in  this 
case  can  be  relied  upon,  I  did  not  know  Jim  Howard  at  the 
time  Senator  Goebel  was  killed.  If  the  testimony  in  this 
case  can  be  believed,  I  never  had  any  communication  with 
Jim  Howard  before  Senator  Goebel  was  killed.  Howard  tells 
you  from  the  witness-stand  in  this  case  that  he  did  not  know 
me  at  the  time  Senator  Goebel  was  killed,  and  never  met 
me  until  after  we  had  both  been  transferred  to  Louisville, 
after  our  first  trials,  for  safe-keeping.  I  testified  to  that  fact 
myself,  and  since  Colonel  Campbell  has  said  that  I  am  one 
of  the  ablest  of  the  star-witnesses  on  the  part  of  the  prosecu- 
tion, certainly  I  have  a  right  to  refer  to  my  own  testimony. 
Mr.  Howard  says  he  never  saw  me  until  he  met  me  at  Louis- 
ville after  he  had  been  convicted  and  after  I  had  had  a  trial.  I 
testified  to  the  same  thing,  and  there  is  no  conflicting  proof. 
There  is  not  a  syllable  of  proof  on  the  part  of  the  prosecution 
to  show  anything  to  the  contrary.  Then,  so  far  as  Jim  How- 
ard is  concerned,  I  certainly  did  not  conspire  with  Jim  Howard 
to  bring  about  the  death  of  Senator  Goebel,  if  the  testimony 
in  this  case  can  be  believed  or  relied  upon.  Is  not  that  true? 
The  only  testimony  in  the  whole  of  this  record  which  would 
tend  to  show,  even  by  indirection,  that  I  had  anything  to  do 
with  Jim  Howard,  is  the  testimony  of  Frank  Cecil.  He  says 
he  had  a  talk  with  me  on  the  twenty-ninth  of  January  in  my 
office ;  that  he  casually  dropped  into  my  office  on  that  night  and 
that  I  said  to  him  that  a  man  was  coming  to  Frankfort  to- 
morrow to  kill  Senator  Goebel.  Frank  Cecil  was  asked  if  he 
knew  that  Jim  Howard  was  going  to  be  in  Frankfort,  and  he 
said  he  did  not.  So,  taking  Cecil's  statement  for  it,  I  did  not 
know  Howard  was  going  to  be  in  Frankfort.  I  did  not 
know  anything  about  Jim  Howard's  going  to  fire  the  shot 
that  killed  Senator  Goebel.  Even  Youtsey  says  that  as  far  as 
he  knew,  I  did  not  know  Jim  Howard,  and  I  had  had  no 
connection  with  Jim  Howard.  Youtsey's  testimony  is  that  I 
agreed  to  be  out  of  my  office.  He  doesn't  say  that  I  agreed  to 
be  out  of  my  office  for  the  purpose  of  Jim  Howard's  killing 


328          MY  ADDRESS  TO  THE  JURY 

Goebel.  He  doesn't  say  that  I  had  any  knowledge  that  Taylor 
had  written  to  Jim  Howard,  and  that  Jim  Howard  was  going 
to  be  in  Frankfort.  Youtsey  never  said  anything  about  that. 
Then  if  the  testimony  of  the  prosecution  can  be  believed,  if  the 
testimony  in  this  case  is  going  to  have  any  credence,  I  did 
not  know  Jim  Howard;  I  had  no  communication  with  Jim 
Howard  until  after  Senator  Goebel  had  been  killed.  Then, 
gentlemen,  I  could  not  be  guilty,  so  far  as  the  proof  in  this 
case  is  concerned,  of  conspiring  with  Jim  Howard  to  bring 
about  the  death  of  Senator  Goebel,  because  the  testimony  is 
that  I  did  not  know  him ;  the  testimony  is  that  I  had  no  com- 
munication with  him,  and  had  nothing  to  do  with  him. 
Cecil  said  that  he  did  not  know  that  Jim  Howard  was  going 
to  be  in  Frankfort  on  the  day  that  Senator  Goebel  was 
going  to  be  killed. 

You  can  not  go  outside  of  the  record  and  say  "  there  is  no 
testimony  showing  Powers  knew  Jim  Howard ;  there  is  no  tes- 
timony showing  he  had  any  communication  with  Jim  Howard, 
but  we  believe  that  he  did."  Oh,  no,  men,  you  can  not  do 
that!  You  have  sworn  that  you  would  not  do  that  You 
have  sworn  that  you  would  try  this  case  according  to  the  law 
and  the  testimony.  You  have  sworn  that  you  would  not 
supply  any  of  the  testimony  either  for  the  Commonwealth 
or  for  the  defense.  Then  you  can  not  say,  "  It  is  more  than 
likely  true  that  you  did  know  Jim  Howard  and  we  are  going 
to  believe  it  anyway."  You  can  not  do  that,  and  you  are  not 
going  to  do  that.  If  you  are  going  to  do  that,  this  trial  is  a 
farce ;  if  you  are  going  to  do  that,  there  was  no  necessity  for 
introducing  any  testimony  in  this  case.  If  you  are  going  to 
supply  the  testimony  for  the  prosecution,  let  us  do  away  with 
the  formalities  of  a  trial  and  let  you  settle  it  all.  Read  the 
indictment  and  find  me  guilty.  You  have  sworn  that  you 
would  try  this  case  from  the  law  and  from  the  testimony. 

All  that  Cecil's  testimony  could  mean,  if  it  be  true,  is  that 
I  had  knowledge  that  Senator  Goebel  was  going  to  be  killed. 
I  say,  if  true.  So  if  every  sentence  and  syllable  he  uttered  Is 
absolutely  true  it  could  not  mean  any  more  than  that  I  had 
knowledge  that  Mr.  Goebel  was  to  be  killed,  and  that  is  not 
enough.  The  court  has  not  told  you  in  these  instructions  that 


CECIL'S  TESTIMONY  UNTRUE         329 

if  I  had  knowledge  that  Mr.  Goebel  was  to  be  killed  you 
should  find  me  guilty.  No !  That  has  never  been  the  law 
in  this  country.  Mere  knowledge  that  a  man  is  going  to  be 
killed  does  not  connect  the  man  who  has  the  knowledge.  The 
Court  has  not  said,  if  I  had  knowledge  of  the  matter,  you 
should  find  me  guilty;  but  on  the  contrary,  he  says  if  I  ad- 
vised, counseled  or  procured  some  one  to  shoot  Senator  Goe- 
bel, in  that  event  I  am  guilty.  Suppose  you  should  be  down 
here  on  the  streets  of  Georgetown  and  a  man  should  pass 
you  hastily  and  say  to  you,  "  I  propose  to  shoot  to  death  that 
man  down  on  the  street  corner,"  and  he  goes  and  shoots  him 
to  death.  You  were  down  there  and  you  heard  what  he  said 
and  you  knew  he  was  going  to  do  it,  you  had  knowledge  of  it ; 
but  would  anybody  contend  that  you  were  guilty,  simply  be- 
cause you  had  knowledge  that  the  man  was  going  to  be  shot 
down  in  the  streets  of  Georgetown?  No.  That  would  make 
all  eye-witnesses  to  the  crime  participants  in  it.  Isn't  that 
true?  That  has  never  been  the  law  in  this  country  —  it  never 
will  be.  And,  taking  everything  that  Cecil  has  said  as  true, 
it  does  not  show  any  connection  between  Jim  Howard  and 
myself.  But  let  me  repeat  again  that  Cecil's  story  is  a  base 
fabrication,  sworn  to  for  immunity. 

Then,  if  the  testimony  can  be  relied  upon,  I  was  in  no 
conspiracy  with  Jim  Howard  to  bring  about  the  death  of 
Senator  Goebel.  If  every  word  that  Cecil  testified  to  be 
true, —  and  it  is  not  true,  and  may  the  God  in  heaven  strike  me 
dead  this  minute  if  I  said  to  him:  "There  is  a  man  coming 
to-morrow  to  kill  Goebel,"  or  that  I  tried  to  get  him  to  kill 
Mr.  Goebel,  —  but  supposing  every  word  that  Cecil  testified 
to  was  true,  it  makes  no  connection  between  me  and  the  as- 
sassination of  Mr.  Goebel,  or  me  and  James  B.  Howard. 
Cecil  said  he  did  not  know  Howard  was  coming  to  Frankfort, 
and  that  all  I  said  to  him  about  the  matter  was  that  there 
was  a  man  coming  to-morrow  and  if  he  comes  he  will  cer- 
tainly kill  Goebel.  Cecil  said  that  I  had  my  murderous  talk 
with  him  when  I  was  alone ;  that  he  was  very  much  terri- 
fied when,  he  says,  I  expressed  to  him  a  desire  for  blood ; 
that  his  whole  nature  rebelled  against  it  and  revolted  at  it. 
He  said  that  I  must  have  realized  that  I  had  made  a  mistake 


330          MY  ADDRESS  TO  THE  JURY 

in  approaching  him  on  such  a  subject;  for,  he  says,  I  said  to 
him  to  never  mention  what  I  had  said  to  him ;  although  he 
has  me,  within  the  next  five  or  ten  minutes,  getting  another 
man  to  approach  him  on  the  same  subject  and  asking  him 
what  he  (Cecil)  "thought  about  what  Powers  had  said  to 
him,"  and  offering  him  two  thousand  five  hundred  dollars  to 
kill  Mr.  Goebel.  He  says  that  this  occurred  in  ten  minutes 
after  I  had  told  him  that  there  was  a  man  coming  to  Frank- 
fort to-morrow  to  kill  Goebel.  If  there  was  a  man  coming  to 
Frankfort  on  the  following  day  to  kill  Goebel,  why  should  I 
have  Cecil  offered  two  thousand  five  hundred  dollars  for  doing 
the  work?  Answer  me  that,  gentlemen.  And  if  Cecil  and 
others  would  waylay  and  rob  a  man  of  two  thousand  one  hun- 
dred dollars,  don't  you  believe  that  he  would  kill  a  man  for 
two  thousand  five  hundred  dollars,  if  it  had  been  offered  him? 
If  he  would  detain  a  woman  against  her  will  for  the  purpose 
of  having  carnal  knowledge  with  her,  what  crime  would  he 
not  commit?  As  God  is  my  judge,  I  never  said  to  Cecil 
what  he  says  I  did.  May  God  in  heaven  paralyze  my  speech, 
if  such  be  true.  The  law  says  that  a  man  who  is  base  enough 
to  enter  into  a  conspiracy  to  murder  his  fellow  man  is  in- 
famous enough  to  swear  himself  out  if  he  can,  by  swearing 
others  in.  The  law  says  that  you  can  not  believe  what  he 
says  unless  his  testimony  is  corroborated.  Cecil's  testimony 
is  not  corroborated,  but  it  is  contradicted.  If  I  had  wanted 
to  have  testified  falsely,  I  would  have  denied  Cecil's  being  at 
my  office  at  all  that  night.  I  knew  that  it  was  beyond  the 
power  of  the  prosecution  to  contradict  me  in  that,  except  by 
Cecil's  own  testimony.  But  if  all  that  Cecil  testified  to  be 
true,  which  it  is  not,  it  does  not  even  remotely  connect  Jim 
Howard  and  myself  with  the  murder  of  Mr.  Goebel. 

Then  four  of  the  five  men  named  as  principals,  that  you, 
Mr.  Franklin,  charge  me  with  procuring  to  shoot  and  murder 
Senator  Goebel,  if  the  testimony  can  be  relied  upon,  I  cer- 
tainly did  not  procure.  I  did  not  know  Dick  Combs ;  I  did 
not  know  Holland  Whittaker ;  I  did  not  know  Jim  Howard ; 
and  Berry  Howard  has  been  acquitted.  Then  four  of  the  five 
men  that  I  am  charged  in  this  indictment  with  procuring  to 
shoot  and  murder  Senator  Goebel,  I  did  not  know  and  had 


DID  NOT  PROCURE  YOUTSEY       331 

no  connection  with,  if  ,the  testimony  of  the  prosecution  can  be 
relied  upon  or  be  believed.  I  am  not  guilty  with  any  unknown 
man,  because  they  have  eliminated  the  unknown  man  from 
this  case.  The  unknown  man  has  nothing  to  do  with  it. 
Then  if  I  am  guilty  at  all  of  procuring  anybody  to  shoot  and 
murder  Mr.  Goebel,  I  must  be  guilty  of  procuring  Henry  E. 
Youtsey  to  shoot  and  murder  him.  I  am  not  guilty  as  to  the 
other  four  named  principals  in  this  case.  I  am  guilty  with 
no  unknown  man,  because  there  is  no  unknown  man,  and  if  I 
am  guilty  at  all,  I  must  be  guilty  of  procuring  Henry  E. 
Youtsey  to  shoot  Senator  Goebel.  Is  not  that  true,  men? 

Now,  am  I  guilty  with  Henry  E.  Youtsey?  As  I  said  a 
moment  ago,  if  I  am  guilty  of  procuring  anybody  to  murder 
Senator  Goebel  it  must  be  Henry  E.  Youtsey,  and  what  does 
the  testimony  show  as  to  that  particular  man?  We  must 
rely  upon  the  testimony,  and  what  is  the  testimony  in  this 
case?  The  testimony,  both  upon  the  side  of  the  prosecution 
and  upon  the  side  of  the  defense,  is  that  I  never  met  Henry 
E.  Youtsey  until  the  first  day  of  January,  1900,  just  thirty  days 
before  Senator  Goebel  was  shot  and  killed.  If  the  testimony 
for  the  prosecution  in  this  case  can  be  relied  upon,  Youtsey 
never  spoke  to  me  or  to  my  brother  relative  to  the  shooting  of 
Senator  Goebel  until  the  twenty-ninth  day  of  January,  one 
day  before  Senator  Goebel  came  to  his  death.  That  is  the 
testimony.  You,  gentlemen,  no  doubt  *have  met  with  men  with 
whom  you  have  had  an  intimate  acquaintance.  You,  no  doubt, 
have  met  men  whom  you  could  trust.  You,  no  doubt,  have 
met  men  you  would  not  trust,  but  I  want  to  ask  you  if  you  ever 
met  a  man  in  all  your  life  and  within  thirty  days  afterward, 
without  knowing  anything  further  of  him  (and  that  is  the 
testimony  in  this  case  as  far  as  Youtsey  and  myself  are  con- 
cerned) without  having  any  intimate  relationship  with  him  — 
I  want  to  ask  you  if  you  ever  took  such  a  man  into  your 
bosom  and  revealed  to  him  the  secrets  of  your  heart?  Did 
you  ever  do  it,  Mr.  Layson?  I  am  sure  you  never  did.  Did 
you  ever  take  a  man  whom  you  just  happened  to  meet  aside 
within  thirty  days  afterward  and  reveal  to  him  your  plans 
for  money-making,  and  the  property  you  expected  to  acquire, 
and  the  marital  relationships  that  you  desired  to  see  your  sons 


332          MY  ADDRESS  TO  THE  JURY 

and  daughters  enter  into?  Did  you  ever  do  it?  I  can  say 
for  you  that  you  never  did.  Did  you  ever  become  a  candi- 
date for  any  office  elective  by  the  voters  of  a  county,  district 
or  state?  And  if  you  ever  did,  did  you  ever  take  a  casual 
voter  aside  and  reveal  to  him  the  exact  plans  you  expected 
to  adopt  to  win  the  race,  and  how  you  would  defeat  your 
opponents,  A,  B  and  C,  but  that  they  would  not  know  anything 
about  it  until  they  were  defeated?  Did  you  ever  commit  any 
crime  in  your  life?  If  you  ever  did,  I  want  to  ask  you  if 
you  ever  took  some  unknown  man  into  your  bosom  and  asked 
him  to  go  with  you  to  help  you  commit  that  crime? 

(Court  here  adjourned  for  the  day.  The  next  morning  I 
continued  my  argument.) 

Gentlemen:  When  the  court  adjourned  last  night  we  were 
discussing  Youtsey,  but  I  want  to  go  back  and  say  one  word 
more  with  reference  to  Howard,  before  I  take  up  the  Youtsey 
end  of  it. 

You  will  remember  that  Colonel  Campbell,  yesterday  after- 
noon, asked  the  defense  why  it  was  that  they  did  not  call 
to  the  witness-stand  and  introduce  Mr.  Paynter  and  why 
they  did  not  call  and  introduce  J.  B.  Matthews.  He  said 
that  those  points  of  Cecil's  testimony  were  corroborated  by 
the  fact  that  we  had  it  in  our  power  to  produce  these  men, 
and  that  we  failed  to  do  it.  Let  us  look  at  that  a  minute, 
gentlemen.  Colonel  Campbell  has  claimed  that  I  am  one 
of  the  chief  star-witnesses  for  the  prosecution.  If  I  am,  I 
certainly  have  not  tried  to  shield  myself,  but  I  have  told  the 
whole  truth.  There  can  be  no  other  inference  drawn.  Again, 
Cecil  is  one  of  the  men  whose  testimony  this  honorable  court 
has  told  you  could  not  be  believed  unless  corroborated  by 
other  testimony.  The  Court  has  not  told  you  that  you  can  not 
believe  my  testimony  unless  it  is  corroborated  by  other  testi- 
mony. So,  then,  it  was  incumbent  upon  the  prosecution  to 
introduce  Mr.  Paynter  on  this  witness-stand  to  corroborate 
the  testimony  of  Cecil  before  it  is  worthy  of  belief,  if  the 
Court  has  given  the  proper  instructions  to  his  jury.  You  re- 
member that,  yesterday  afternoon,  Colonel  Campbell  said  Mr. 
Paynter  was  one  of  the  conspirators  in  this  case,  and  said 


PAYNTER  AND  MATTHEWS  333 

in  substance  that  if  he  ever  got  down  in  this  neck  of  the 
woods,  he  would  be  called  upon  to  stand  trial  for  his  alleged 
participation  in  this  crime.  How  can  you  expect  us  to  get 
witnesses  here  to  testify  in  behalf  of  the  defendant,  when 
they  are  threatened  with  prosecution  by  the  representatives 
of  the  Commonwealth,  if  they  put  in  an  appearance?  These 
gentlemen  well  know  that,  as  far  as  the  defendant  is  con- 
cerned, he  used  his  utmost  power  in  trying  to  get  Paynter  to 
the  witness-stand  in  this  case.  They  well  know  that  inter- 
rogatories were  prepared  for  Mr.  Paynter  to  be  sent  to  the 
state  of  Kansas,  and  that,  after  he  was  found  to  be  in  Ken- 
tucky, a  subpoena  was  issued  for  Mr.  Paynter  to  appear  on  the 
witness-stand  and  testify  for  the  defense.  We  failed  to  get 
him,  but  we  are  not  responsible  for  it  and  not  to  blame,  and 
even  if  we  had  got  him  here  we  could  not  have  contradicted 
Cecil  in  the  damaging  part  of  his  alleged  conversation  with 
me,  if  Cecil  can  be  believed,  because  Cecil  said  that  Paynter 
was  not  present  at  that  time  and  that  I  never,  in  Paynter's 
presence,  said  anything  about  killing  Goebel  or  doing  other 
violence ;  that  all  he  knew  about  Paynter  was  that  Paynter 
was  in  my  office  on  the  night  of  the  twenty-ninth,  when  Cecil 
says  he  came  there. 

And  they  say  to  us,  "  Why  didn't  you  call  J.  B.  Matthews  ?" 
Cecil  says  he  had  a  talk  with  J.  B.  Matthews  after  he  left 
your  office  and  had  the  talk  with  you.  They  say,  why  don't 
you  call  J.  B.  Matthews?  They  assert  that  he  is  my  con- 
fidential man,  my  detective.  If  Mr.  J.  B.  Matthews  can  be 
believed  he  was  also  the  detective  for  the  prosecution  in  this 
case.  If  Mr.  Franklin  can  be  relied  upon  he  was  also  a  de- 
tective for  the  prosecution  in  this  case,  for  don't  you  remember 
that  Mr.  Franklin  put  to  R.  N.  Miller  the  question:  "Did  you 
not  say  to  J.  B.  Matthews  up  at  Indianapolis  some  time  ago 
that  you  had  a  talk  with  W.  H.  Culton  and  that  he  said  that 
J.  L.  Powers  seemed  to  be  intimate  with  Henry  Youtsey?" 
You  remember  that  question  and  you  remember  that  Mr. 
Franklin  was  holding  in  his  hand  a  large  volume  of  written 
statements  that  must  have  been  prepared  by  J.  B.  Matthews. 
Miller  says  he  did  not  say  it;  but,  judging  from  all  appearances 
and  the  testimony  in  the  case,  J.  B.  Matthews  must  have  been 


334          MY  ADDRESS  TO  THE  JURY 

the  confidential  man  and  the  detective  for  the  prosecution. 
Again,  as  I  say,  why  the  necessity  of  the  defense  calling  J.  B. 
Matthews,  so  far  as  the  Cecil  end  of  it  is  concerned  ?  The  law 
says  you  can  not  believe  anything  Cecil  says,  unless  the  testi- 
mony is  corroborated  by  others.  That  is  the  law,  and  there 
is  no  doubt  about  that.  Then  if  that  be  true,  and  it  is  true, 
why  is  it  that  the  prosecution  did  not  call  Matthews  to  the 
witness-stand  and  show  by  him,  if  true,  that  he  did  on  the 
Monday  night  before  Goebel  was  killed  have  a  conversation 
with  Cecil  in  the  reception-room  between  the  private  office 
of  the  secretary  of  state  and  the  governor's  office? 

Now,  let  us  continue  the  Youtsey  end  of  it.  I  said  to  you 
last  night  that  I  was  indicted  and  charged  with  procuring 
five  men  to  shoot  and  murder  Senator  Goebel :  Holland  Whit- 
taker,  Dick  Combs,  Henry  E.  Youtsey,  Jim  Howard,  Berry 
Howard.  I  showed  you  last  night  that  I  did  not  know  Holland 
Whjttaker.  I  showed  you  last  night  that  I  did  not  know 
Dick  Combs,  and  that  I  did  not  know  Jim  Howard,  and  that 
Berry  Howard  had  been  acquitted.  Then  if  I  am  guilty  at 
all,  I  must  have  procured  Henry  E.  Youtsey  to  shoot  and  kill 
Senator  Goebel.  I  said  to  you  further  that  the  testimony 
in  this  case  shows  that  I  only  knew  Henry  E.  Youtsey  about 
a  month  before  Senator  Goebel  was  killed.  The  testimony 
is  that  I  was  sworn  in  before  him  as  a  notary  public,  took 
the  oath  of  office  as  secretary  of  state;  that  he  wa's  the 
only  notary  public  in  the  building,  and  that  I  had  a  casual 
speaking  acquaintance  with  him  after  that  time  until  the 
twenty-seventh  day  of  January,  19x10.  You  know  they  charge 
that  I  was  implicated  in  getting  Youtsey  to  fire  the  shot 
from  my  office,  and  you  know  I  asked  you  last  night  that 
if  you  wanted  to  kill  some  of  your  neighbors,  if  you  wanted 
to  stoop  to  the  dastardly  method  of  assassination  in  order 
to  get  rid  of  them,  if  "  you  would  come  down  to  some  of  these 
stores  and  pick  up  a  clerk  with  whom  you  have  come  in 
contact  since  you  have  been  on  this  jury  and  take  him  inside 
and  ask  him  to  go  into  a  conspiracy  with  you  and  get  him 
to  shoot  and  murder  your  neighbor  ?  "  You  remember  I  asked 
you  this  question :  would  you  take  that  clerk  out  to  your 
home  and  put  him  down  by  your  parlor  window,  or  by  the  side 


YOUTSEY'S  STORY  ABSURD          335 

of  the  window  of  your  office,  if  you  had  an  office  in  George- 
town, and  instruct  him  to  shoot  the  man  as  he  passed  by  your 
door?  Why,  gentlemen,  such  conduct  as  that  would  be  the 
act  of  an  idiot,  the  deed  of  a  lunatic.  You  would  not  do  that ; 
there  is  no  question  about  that.  Would  I?  If  you  wanted 
to  have  your  neighbor  assassinated,  you  certainly  would  not 
want  it  to  be  found  out.  Isn't  that  true?  And  if  you 
had  him  shot  from  the  windows  of  your  office  or  home,  would 
you  not  be  publishing  to  the  world  the  very  thing  that  you 
most  desired  to  keep  secret?  If  you  wanted  your  neighbor 
killed,  your  home  would  be  the  last  place  on  earth  that  you 
would  select  as  the  place  whence  the  fatal  shot  should  be 
fired.  You  know  that,  and  if  you  wanted  your  neighbor 
killed,  the  clerk  in  the  store  would  be  the  last  man  on  earth 
you  would  go  to  if  you  were  hunting  a  man  to  commit  murder. 
Is  not  that  true?  If  you  wanted  your  neighbor  killed,  would 
not  you  go  to  some  man  you  had  seen  trusted  and  tried,  some 
man  with  whom  you  could  risk  your  very  life?  And  wouldn't 
your  home  or  your  office  be  the  last  place  on  earth  from 
which  you  would  have  the  fatal  shot  fired?  Is  not  that  true, 
men?  And  if  I  had  wanted  Senator  Goebel  killed,  or  had  had 
any  interest  in  the  killing  of  Mr.  Goebel,  do  you  think  I 
would  go  to  an  unknown  man  like  Henry  E.  Youtsey,  a  man 
of  whom  I  knew  absolutely  nothing  —  nothing  of  his  family, 
nothing  of  his  trustworthiness,  nothing  of  him  —  and  agree 
with  him  that  he  could  fire  the  fatal  shot  from  my  office  with 
three  other  men  that  I  had  not  known  up  to  that 
time,  namely,  Jim  Howard,  Holland  Whittaker  and  Dick 
Combs,  or  any  one  of  them  ?  If  I  had  wanted  Senator  Goebel 
killed,  would  not  I  have  gone  to  some  man  who  had  stood 
by  me  in  the  past,  some  man  I  knew  I  could  rely  upon,  some 
man  I  had  seen  trusted  and  tried?  And  if  I  wanted  him 
killed,  would  not  my  office  have  been  the  last  place  on  earth 
from  which  I  would  agree  that  the  fatal  shot  should  be  fired? 
Would  not  I  have  known  that  I  was  advertising  to  the  world 
the  very  thing  that  I  would  have  desired  to  keep  a  secret? 
Apply  common  sense  to  this  matter.  The  best  sort  of  sense 
a  man  ever  had  is  common  sense.  If  Youtsey  can  be  be- 
lieved,' if  his  testimony  can  be  relied  upon,  he  never  spoke 


336          MY  ADDRESS  TO  THE  JURY 

to  me  about  the  killing  of  Senator  Goebel  until  the  twenty- 
ninth  of  January,  1900,  one  day  before  Senator  Goebel  came  to 
his  death.  That  i's  the  testimony  of  Henry  E.  Youtsey.  That 
is  the  testimony  of  the  Commonwealth  witnesses.  I  say,  if  the 
testimony  of  the  Commonwealth  can  be  relied  upon,  Henry 
Youtsey  never  spoke  to  myself  or  my  brother  concerning 
the  death  of  Senator  Goebel  until  the  day  before  Senator 
Goebel  was  killed.  If  the  testimony  of  Henry  E.  Youtsey 
can  be  relied  upon,  I  did  not  know  anything  about  his  plans 
to  kill  Senator  Goebel  with  Dr.  Johnson,  or  with  Hocker- 
smith.  I  did  not  know  anything  about  Youtsey's  wanting  to 
get  into  my  office,  or  that  he  had  a  slick  scheme  to  kill  Goebel 
from  my  office,  because  Culton  tells  you  he  never  did  tell 
me  anything  about  that.  The  testimony  is,  that  Youtsey 
never  told  me  anything  about  his  murderous  plots  prior  to 
January  twenty-ninth.  I  did  not  know  that  he  was  trying 
to  get  three  hundred  dollars  from  Walter  Day  to  kill  Senator 
Goebel.  There  is  no  testimony  in  this  record  showing  a 
thing  of  that  character,  and  such  a  thing  never  did  exist. 
Nothing,  so  far  as  proof  in  this  case  is  concerned,  reveals 
that  I  knew  anything  about  Youtsey's  wanting  to  get  Mastin's 
gun,  and  about  Youtsey's  ordering  cartridges  from  Cincinnati 
to  kill  Mr.  Goebel  with,  and  about  his  getting  Hockersmith 
or  Dr.  Johnson  in  my  office. 

I  knew  nothing  about  Youtsey  and  Johnson,  or  Youtsey 
and  Hockersmith,  at  any  time,  searching  the  Executive  Build- 
ing over  to  find  a  suitable  place  from  which  to  fire  the  shot. 
I  knew  nothing  about  his  and  Johnson's  plan  for  the  man  who 
did  fire  the  fatal  shot  to  run  through  the  basement.  I  knew 
nothing  about  his  dreaming  that  he  saw  some  of  the  mountain 
men  kill  Goebel ;  nothing  about  his  and  Johnson's  nitrogly- 
cerin  scheme  to  kill  Goebel  in  his  room  in  the  Capital  Hotel ; 
nothing  about  his  saying  to  Captain  Ricketts  that  his  (Yout- 
sey's) job  depended  on  Goebel's  death;  nothing  about  his 
making  a  proposition  to  the  mountain  men  to  kill  Goebel;  I 
knew  nothing  about  his  alleged  talk  with  Taylor  about  Goe- 
bel's death. 

Remember,  gentlemen,  that  I  knew  none  of  these  things, 
and  that  during  these  times  I  was  in  the  mountains  of  Ken- 


THE  KEY  TO  MY  OFFICE  337 

tucky.  I  left  Frankfort  on  the  twelfth  of  January  and  re- 
turned the  seventeenth,  left  again  on  the  twentieth  and  did  not 
get  back  until  the  twenty-fifth.  If  the  testimony  for  the  Com- 
monwealth can  be  relied  upon,  I  did  not  know  any  of  these 
things  and  I  did  not  know  anything  about  the  proposed  plan 
to  kill  Senator  Goebel  until  the  twenty-ninth  of  January, 
1900,  if  their  own  testimony  can  be  believed.  Then  there  is  no 
necessity  to  go  back  to  times  prior  to  the  twenty-ninth  of 
January  in  this  discussion.  Youtsey  said  I  did  not  know, 
and  that  my  brother  did  not  know  anything  prior  to  that 
time.  He  says  that  on  the  morning  of  the  twenty-ninth,  the 
Monday  before  Mr.  Goebel  was  killed  on  Tuesday,  that 
he  went  into  my  private  office;  that  he  found  my  brother 
sitting  there  at  a  desk,  and  he  said  to  my  brother — (he  says 
he  had  never  met  my  brother,  never  had  any  introduction 
to  him.  That  is  his  testimony.)  —  Youtsey  said  he  went  up 
to  my  brother  and  said  to  him :  "  See  here,  I  want  a  key  to 
your  brother's  office,  with  which  to  put  some  negroes  in  there 
to  kill  Senator  Goebel."  What  do  you  think  of  this  story? 
What  do  you  think  of  Youtsey's  going  to  my  brother,  an  un- 
known man,  and  asking  for  a  key  to  his  brother's  office  for 
the  purpose  of  committing  murder  from  there?  What  do  you 
think  of  it,  men  ?  He  says  my  brother  —  I  presume  for  the 
purpose  of  having  some  one  see  him  give  Youtsey  the  key 
to  my  office  —  got  up  and  walked  out  into  the  hallway  of  the 
Executive  Building,  a  convenient  place  for  Wharton  Golden 
to  see  the  transfer  of  the  key  by  my  brother  to  Henry  E. 
Youtsey.  What  do  you  think  of  it?  That  is  what  Golden 
said,  and  that  is  what  Youtsey  said.  Now,  let  us  see  what 
else  Golden  says  on  that  matter.  Golden  says  he  saw  my 
brother  give  Youtsey  a  wrong  key  to  that  office,  and  Youtsey 
says  it  was  the  wrong  key.  I  have  never  understood  the  force 
of  that  wrong  key  proposition  until  it  was  explained  yes- 
terday. I  had  often  wondered  why  it  was  that,  if  my  brother 
was  in  the  conspiracy  to  kill  Senator  Goebel,  and  my  brother 
was  willing  for  it  to  be  done,  why,  instead  of  giving  Youtsey 
the  wrong  key  to  that  office  to  get  in  there  with,  he  did 
not  give  him  the  right  key.  It  has  always  been  a  mystery 
to  me  until  the  fertile  brain  of  Colonel  Hendrick  came  on 


338          MY  ADDRESS  TO  THE  JURY 

the  scene  yesterday  and  made  it  as  clear  as  muddy  water. 
He  said  that  the  reason  was  that  my  brother  John  was 
waiting  for  Jim  Howard  to  get  down  to  Frankfort  and  that 
he  did  not  want  Youtsey  to  kill  Goebel.  Why  did  he  not 
want  Youtsey  to  kill  him,  if  he  and  I  are  implicated  with 
Youtsey  as  claimed?  Why  did  he  want  to  delay  the  matter, 
and  have  another  man,  unknown  to  him,  kill  Goebel?  Why 
should  my  brother  be  so  "  choicy  "  between  unknown  assassins  ? 
There  is  no  testimony  in  this  case  of  that  character  until  that 
testimony  was  given  in  this  case  by  the  able  attorney,  Mr. 
Hendrick.  I  put  the  assertion  on  the  part  of  Mr.  Hendrick 
that  my  brother  wanted  either  Youtsey  or  Howard  to  kill 
Goebel,  on  a  par  with  another  assertion  he  made  yesterday. 
He  made  the  statement  "  that  no  woman  knew  any  law,  that 
no  woman  had  the  capacity  to  learn  any  law."  I  want  to  enter 
in  behalf  of  the  ladies  of  our  land  a  special  and  general 
denial  to  that  slanderous  charge. 

Golden  says  he  saw  my  brother  give  Youtsey  a  wrong  key 
to  the  office,  and  directly  my  brother  came  to  him  in  the  hall- 
way of  the  Executive  Building  and  said :  "  We  have  two  ne- 
groes here  this  morning  to  kill  Goebel,  '  Tallow  Dick '  Combs 
and  Hockersmith,"  and  Golden  says :  "  That  must  not  be 
done."  My  brother  said  to  Golden,  if  Golden  can  be  relied 
upon :  "  You  need  not  be  alarmed,  I  gave  him  the  wrong 
key."  He  asked  my  brother  who  that  fellow  was  to  whom 
he  gave  the  key.  My  brother  did  not  know.  Golden  hied 
himself  away  after  saying  that  it  must  not  be  done,  and  went 
over  to  Collier's  office  to  get  General  Collier  to  put  a  stop  to 
it.  My  brother  went  with  him  and,  failing  to  find  General 
Collier,  he  said  they  came  over  to  the  Capital  Hotel ;  and 
that  I  saw  my  brother  and  Golden  in  the  hallway  and  said 
to  Golden  :  "  We  can  not  go  to  Louisville  to-day."  And  we  all 
went  back  to  the  Executive  Building.  Golden  says  we  did 
not  talk  about  what  had  happened  between  my  brother  and 
Youtsey  on  the  way  back ;  he  did  not  know  whether  it  had 
been  decided  to  kill  Goebel  or  not.  He  said  he  never  talked 
to  anybody  about  it  that  day  and  he  never  talked  to  anybody 
until  long  after  Senator  Goebel  had  been  killed.  In  fact,  he 
never  talked  to  anybody  about  it  until  he  was  in  the  arms 


WHY  I  WAS  AT  THE  HOTEL          339 

of  his  savior,  Colonel  Thomas  C.  Campbell,  going  to  Cin- 
cinnati to  make  a  confession.  This,  gentlemen,  is  the  testi- 
mony of  Wharton  Golden  and  Youtsey  about  the  alleged 
transaction  of  the  key. 

Now,  let  us  look  into  that  a  little.  Let  us  see  what  bearing 
it  has  upon  the  case.  Let  us  connect  the  statements  of  Gold- 
en and  Youtsey  with  the  facts  that  are  not  disputed,  and 
see  whether  the  statements  of  Golden  and  Youtsey  are  in 
harmony  with  these  facts.  Golden  and  Youtsey  are  either 
testifying  to  the  truth  or  they  are  testifying  to  a  lie.  My 
brother  either  gave  Youtsey  the  key  to  my  office  or  he  did  not 
give  him  the  key.  Golden  tells  you  that  no  one  was  present 
when  my  brother  gave  Youtsey  the  second  key  to  that  office, 
and  that  I  was  not  present  when  the  first  key  was  delivered. 
Youtsey  says  there  never  was  but  one  delivery  and  that 
was  the  wrong  key,  and  that  I  was  not  present.  Golden  tells 
you  that  I  was  five  or  six  steps  in  advance  of  my  brother 
and  Youtsey,  and  that  I  was  going  on  toward  my  office,  and 
that  I  did  not  see  nor  hear  the  alleged  transaction  about  the 
second  key.  You  see,  gentlemen,  he  puts  it  out  of  my  power 
to  contradict  him  on  that  point;  but  Youtsey  does  contradict 
him.  He  says  that  he  never  got  any  second  key.  My  brother 
is  not  here  as  a  witness.  The  proof  in  this  case,  gentlemen, 
is  that  early  on  Monday  morning  I  went  to  the  Capital  Hotel 
at  Frankfort,  for  the  purpose  of  making  arrangements  to  send 
the  mountain  men  back  home.  That  I  was  over  at  the  Capital 
Hotel  there  is  no  doubt ;  that  fact  is  proven  both  by  the  testi- 
mony of  the  Commonwealth  and  by  that  of  the  defense.  The 
difference  in  the  contention  of  the  prosecution  and  the  defense 
is  as  to  why  I  was  there.  The  prosecution  tries  to  make 
it  appear  that  I  was  over  there  trying  to  effect  some  part  of  the 
alleged  conspiracy  to  kill  Senator  Goebel.  Golden,  you  re- 
member, testifies  that  early  on  the  Monday  morning  I  said 
to  him  that  I  was  trying  to  make  arrangements  to  get  off  to 
Louisville;  and  that  I  had  to  go  over  to  the  Capital  Hotel 
before  I  could  make  those  arrangements ;  and  that  he  showed 
me  a  letter  from  John  H.  Wilson,  who  was  at  Louisville, 
saying  for  him  to  come  to  Louisville.  My  testimony  and 
Golden's  differ  on  that  point 


340          MY  ADDRESS  TO  THE  JURY 

At  any  rate,  Golden  knew  that  I  was  over  at  the  Capital 
Hotel  on  some  business ;  and  that,  if  I  could  get  that  business 
done,  I  intended  to  go  to  Louisville  on  that  early  morning 
train.  And  he  says  that  a  black-mustached  man  came  to  him 
and  my  brother  in  the  hallway  of  the  Executive  Building  and 
said  something  to  my  brother;  that  he  did  not  know  what  he 
said,  but  my  brother  came  to  him  in  a  few  minutes  and  said 
that  we  had  two  negroes  here  to  kill  Goebel,  and  that  when 
he  asked  John  Powers  who  the  black-headed,  black-mustached 
man  was,  my  brother  said  that  he  did  not  know  who  he 
was.  Golden  says  that  he  went  around  to  the  Agricultural 
office  to  see  General  Collier  to  tell  him  about  the  murder 
going  to  be  done,  and  to  protest  against  it.  Golden,  who 
laughed  and,  when  he  heard  that  Goebel  was  killed,  said 
that  it  was  a  "  damn  good  thing "  and  he  was  glad  of  it  — 
Golden,  who  was  at  all  times  willing,  according  to  his  own  tes- 
timony, to  go  up  into  the  legislative  halls  and  kill  off  enough 
Democrats  to  make  a  Republican  majority  —  that  fiend,  who, 
according  to  his  own  testimony,  was  ready  upon  all  occasions 
to  kill  —  for  some  unexplained  and  some  unexplainable  reason, 
upon  this  particular  occasion  was  as  smooth  as  a  May  morning, 
as4  harmless  as  a  dove,  as  timid  as  a  tomtit,  as  averse  to  the 
shedding  of  man's  blood  as  a  saint ;  his  soul  was  terrified 
at  the  thought;  his  nature  rebelled  against  it.  That  same 
Golden  who,  upon  former  occasions,  and  upon  all  occasions, 
was  willing  to  walk  over  the  blood  of  hi's  dying  victims;  that 
same  Golden  who,  on  all  after  occasions,  was  willing  to  kill 
one  or  a  dozen  of  those  who  opposed  his  supposed  interests, 
as  the  necessities  of  the  case  might  demand,  the  same  Golden 
who,  when  he  heard  that  Goebel  had  been  assassinated,  said 
that  it  was  a  damn  good  thing,  was,  upon  this  particular 
occasion,  thrown  into  a  moral  tumult  over  the  thought  of 
harm  befalling  any  one. 

Golden  went  to  General  Collier's  office,  he  says,  to  see 
him  about  it,  and  my  brother  went  with  him  also  to  see 
about  it ;  for,  what  else  could  be  his  purpose  ?  If  Golden 
did  tell  the  truth  about  what  the  black-headed,  black-mustached 
man  said  to  my  brother,  and  if  my  brother  did  say  that 
there  were  two  negro  men  there  to  kill  Senator  Goebel 


FLAWS  IN  GOLDEN'S  STORY  341 

and  that  it  was  going  to  be  done  that  morning,  and  if  my 
brother  was  in  favor  of  it,  as  Golden  said  he  was,  I  ask 
you  why  he  would  be  going  to  General  Collier's  with  Golden 
to  put  a  stop  to  the  thing?  Why  would  he  want  the 
very  thing  stopped  that,  according  to  Golden,  he  was  in 
favor  of?  Why  should  he?  Ask  yourselves  that  question. 
And  why  would  he  be  giving  the  key  to  my  office  to  a  man 
he  had  never  seen  before?  And  if  my  brother  was  in  favor 
of  Senator  Goebel's  being  killed,  why  would  he  have  gone  to 
General  Collier  with  Golden  to  put  a  stop  to  it?  Why  would 
he  not  say  to  Golden  that  he  ought  to  be  killed,  that  it  would 
put  an  end  to  the  contest;  that  Golden  would  get  his  office 
and  that  we  would  all  get  our  offices? 

That  is  why  these  gentlemen  say  he  was  killed.  Their 
contention  is  that  we  thought  it  would  put  an  end  to  every- 
thing and  give  us  our  offices.  If  that  is  true,  gentlemen,  why 
did  not  my  brother  present  those  reasons  for  having  Goebel 
killed  to  that  blood-thirsty  Golden  and  secure  his  cooperation 
in  the  matter?  Golden,  according  to  his  own  statement,  was 
an  open  advocate  of  murder.  My  brother  knew  Golden ;  why 
did  he  not  say :  "  See  here,  you  are  wrong  about  that ;  it 
is  to  your  interest  and  to  the  interest  of  us  all  that  he  be 
killed  ? "  Why  did  he  not  do  that,  gentlemen,  instead  of 
going  with  Golden  to  General  Collier's  to  put  an  end  to  the 
very  thing  with  which  he  is  charged? 

Why  did  they  come  to  see  me  over  at  the  Capital  Hotel, 
to  have  the  thing  stopped?  According  to  these,  gentlemen,  I 
would  be  the  last  man  on  earth  to  have  'stopped  it.  If 
there  was  a  man  in  all  that  country,  among  all  the  people, 
who  was  in  favor  of  violence  and  bloodshed  and  mur- 
der and  assassination,  it  was  I,  if  these  gentlemen  can  be 
believed  in  what  they  assert.  Golden  says  that  on  former 
occasions  I  said  to  him  that  Goebel  ought  to  be  killed 
and  that  I  discussed  a  plan  to  kill  him  on  the  street,  and  in 
the  Capital  Hotel,  and  that  I  wanted  to  kill  the  members  of 
the  Legislature.  Golden  says  he  knew  all  that,  and  that  I 
had  personally  discussed  with  him  the  contemplated  acts  of 
violence  and  murder.  Then  tell  me  why,  gentlemen,  he  came 
to  me  to  have  a  stop  put  to  all  these  things?  Why  did  he 


342  MY  ADDRESS  TO  THE  JURY 

come  to  me,  the  master  conspirator,  to  put  an  end  to  violence? 
Why  did  he  seek  me  among  so  many  men  whom  he  knew 
and  who  were  at  Frankfort,  to  put  a  stop  to  this  proposed 
shedding  of  man's  blood? 

Golden  had  lived  for  some  two  years  at  Frankfort ;  he  knew 
a  great  many  men ;  he  knew  George  Long.  He  says  Long 
knew  him  well  enough  to  recommend  him  for  a  position;  he 
knew  the  other  men  who  had  been  elected  on  the  state  ticket. 
Why  did  he  not  go  to  some  of  these  men  and  not  to  me,  if  he 
wanted  to  put  a  stop  to  this  proposed  murder?  But  he  comes 
over  to  the  Capital  Hotel  to  see  me,  and  when  he  gets  there 
he  does  not  even  talk  to  me  about  it.  He  says  that  my 
brother  said  he  would  talk  to  me  about  it,  and  for  him  to  let 
my  brother  do  the  talking.  He  says  that  he  did  that ;  that  my 
brother  did  come  and  talk  to  me  and  that  I  frowned  while 
my  brother  was  talking  to  me.  What  was  I  frowning  about? 
He  said  that  we  all  went  back  to  the  Executive  Building; 
that  we  did  not  talk  about  the  matter  on  the  way  over  there; 
that  he  never  did  say  anything  to  me  about  the  proposed 
killing  of  Senator  Goebel  by  the  two  negroes. 

According  to  his  testimony,  gentlemen,  he  went  back  to  the 
Executive  Building  without  knowing  what  had  been  decided 
upon,  as  to  the  killing  of  Senator  Goebel  by  the  two  negroes. 
He  did  not  know  whether  it  had  been  decided  to  kill  him 
or  not  to  kill  him.  And  yet  the  fact  remains,  according  to  his 
own  testimony,  that  at  no  time  during  that  day  did  he  ever 
mention  to  a  living  soul  the  proposed  plan  to  kill  Senator 
Goebel.  He  says  that  he  went  over  to  the  Capital  Hotel 
to  have  an  end  put  to  the  proposed  killing,  and  still  he  left 
the  Capital  Hotel  without  knowing  what  was  going  to  be 
done  about  it.  According  to  that  fellow's  own  testimony  he 
never  did  tell  me  about  the  proposed  plan  to  kill  Senator 
Goebel.  If  his  own  testimony  can  be  believed  he  never  told 
a  living  man  on  earth  —  until  he  told  Colonel  Campbell  on  his 
trip  to  Cincinnati,  long  after  Goebel  had  been  killed. 

Is  that  not  a  most  remarkable  case,  gentlemen,  that  in 
the  first  place,  he  would  come  to  one  who,  he  had  all  reason 
lo  believe,  if  his  own  story  can  be  credited,  would  not 
only  not  hear  to  his  plans  for  peace  and  for  humanity,  and  for 


WORTHLESS  EVIDENCE  343 

law,  and  for  order,  but  would  severely  reprimand  him  for  his 
own  lack  of  willingness  to  kill  or  to  do  anything  else  to  hold 
the  offices?  Is  it  not  remarkably  strange  that  he  did  not  go 
to  some  one  else?  And  is  it  not  stranger  still  that  after 
going  over  to  the  Capital  Hotel,  and  then  not  knowing  what 
was  going  to  be  done  about  it,  he  made  no  inquiries  concerning 
it,  no  revelations  about  what  he  had  heard,  from  that  good 
day  until  he  went  to  Cincinnati  some  two  months  afterwards? 
Is  it  not  strange  that  he  breathed  not  to  a  Jiving  soul  what  he 
had  heard  on  that  Monday  morning?  Is  it  not  strange  that 
he  never  thought  to  tell  any  one  until  long  after  Goebel  had 
been  killed? 

Suppose,  Mr.  Wyatt,  there  was  a  conspiracy  on  foot  to  burn 
your  home,  and  suppose  somebody  heard  a  minor  conspirator 
talking  to  a  major  conspirator  about  burning  your  home,  and 
he  went  to  the  minor  conspirator  and  said : 

"  See  here,  Mr.  Wyatt  is  a  respectable  man  in  the  com- 
munity. He  has  earned  his  home  by  hard  labor  and  hard 
work  and  you  must  not  burn  his  home,"  and  suppose  the 
fellow  said  to  the  minor  conspirator :  "  Let's  go  and  talk  to 
the  major  conspirator  about  it ;"  and  that  he  did  do  this  and 
stood  up  close,  but  didn't  know  what'was  decided  to  be  done. 
Suppose  that  he  did  not  know  whether  it  was  decided  to  burn 
your  home  or  not  to  burn  it,  and  he  went  away  with  the  two 
conspirators  and  did  not  know  what  was  going  to  be  done 
about  it,  and  never  mentioned  to  a  single  soul  what  was 
contemplated  until  long  after  your  home  had  been  burned ; 
and  when  it  was  burned,  suppose  the  man  alleged  to  be  inter- 
ested in  saving  your  home  said :  "  It  was  a  damned  good  thing, 
and  I  was  glad  of  it."  How  much  weight  would  you  attach 
to  his  testimony  to  the  effect  that  he  was  opposed  to  your 
home  being  burned?  How  much  credence  can  you  give  to 
Golden's  testimony  that  upon  that  morning  he  was  opposed 
to  the  killing  of  Goebel  and  said  that  it  must  not  be  done,  and 
when  he  did  hear  that  Goebel  was  killed,  said  that  "it  was  a 
damned  good  thing,  and  that  he  was  glad  of  it?" 

It  is  true  that  I  was  over  at  the  Capital  Hotel  on  that 
Monday  morning,  and  it  is  further  true  that  I  would  not  have 
been  over  there  at  the  Capital  Hotel  unless  I  had  had  some 


344          MY  ADDRESS  TO  THE  JURY 

business  over  there.  I  do  not  go  to  such  places  or  go  into 
men's  rooms  unless  I  have  some  business  with  them.  These 
gentlerTTen  intimate  that  I  was  there  to  see  General  Duke 
about  some  plan  connected  with  the  killing  of  Senator  Goebel. 
You  heard  the  speakers  in  this  case  yesterday  intimate  that 
General  Duke  was  the  head  of  everything.  Then,  if  I  was 
over  there  to  see  General  Duke  on  anything  connected  with 
the  conspiracy  to  kill  Senator  Goebel,  General  Duke  is  more 
guilty  than  I  could  possibly  be,  because  he  is  an  older  man 
than  I  am ;  he  knows  much  more  than  I  do  about  men  and 
affairs;  and  if  you  believe  that  General  Duke  was  in  the 
conspiracy  to  murder  Senator  Goebel,  I  want  to  ask  you,  Mr. 
Franklin,  why  you  have  sat  here  for  over  three  years  and 
witnessed  vile  conspirators  strike  down  your  party  associate 
and  go  through  this  state  unmolested,  undisturbed,  uncon- 
demned  and  unharmed? 

General  Duke  asks  no  governor  of  any  adjacent  Common- 
wealth to  protect  him  from  your  courts,  or  you.  You  can  get 
service  on  him  seven  days  and  seven  nights  out  of  every  week 
of  every  year.  You  have  not  done  that.  The  truth  is,  Mr. 
Franklin,  you  know  General  Duke  had  nothing  to  do  with  the 
conspiracy  to  murder  senator  Goebel.  Then  if  he  did  not 
have  anything  to  do  with  it,  I  could  not  have  been  over  at 
the  Capital  Hotel  that  morning  for  the  purpose  of  seeing 
General  Duke  on  anything  connected  with  the  conspiracy  to 
murder  Senator  Goebel,  and  if  I  was  not  there  to  see  General 
Duke  on  any  such  business,  why  was  I  there? 

What  is  the  testimony  in  this  case?  Silas  Jones,  a  witness 
for  the  prosecution,  tells  you  that  I  agreed  to  get  him  a  pass 
to  go  home.  Milton  Prosper,  a  witness  for  the  defendant, 
tells  you  that  on  that  Monday  morning  I  agreed  to  get  him 
a  pass  to  go  home,  and  that  he  did  go  home  on  the  third  of 
February.  A.  V.  Hite  tells  you,  and  the  deposition  of 
Walter  Day  tells  you,  that  he  heard  me  telephoning  from 
the  auditor's  office  to  Louisville,  trying  to  get  trans- 
portation for  men  to  go  home.  And  in  this  connection  I 
desire  to  call  attention  to  the  depositions  in  this  case.  Why, 
it  was  said  but  yesterday  by  attorneys  for  the  prosecution  that 
the  depositions  did  not  mean  very  much ;  that  all  there  was 


WHAT  I  DID  ON  MONDAY  345 

to  it,  or  about  it,  was  _that  it  was  only  an  affidavit  of  the 
defendant.  If  I  do  not  state  the  law  accurately  in  this  case, 
I  want  this  honorable  court  to  correct  me.  Those  affidavits 
are  the  depositions  of  the  absent  witnesses.  It  is  agreed  that 
those  witnesses,  if  present,  would  state  as  in  this  affidavit, 
if  they  were  present  here  to  testify.  It  is  not  my  affidavit  but 
the  depositions  of  the  witnesses,  and  if  the  prosecution 
had  any  doubt  about  those  statements  being  true,  they  had 
a  right  to  bring  in  other  testimony  to  contradict  the  state- 
ment contained  in  those  depositions  and  they  had  a  right  under 
the  law  to  impeach  the  witnesses  whose  depositions  you  heard 
read  here  in  your  hearing.  It  is  a  fact,  known  to  the  prose- 
cution in  this  case,  that  Walter  Day  has  testified  on  both  of 
my  former  trials  and  that  he  testifies  to  these  various  things. 
Walter  Day  tells  you  I  was  in  the  auditor's  office  telephoning 
down  to  Louisville,  trying  to  make  transportation  arrange- 
ments to  send  the  mountain  men  home.  A.  V.  Hite,  the 
depot  agent  at  Frankfort,  tells  you  that  he  received  a  tele- 
phonic communication  from  Louisville  telling  him  that  they 
had  been  called  up  by  the  secretary  of  state's  office,  and  they 
wanted  him  to  go  to  my  office  and  say  to  me  that  they  had 
made  a  rate  of  one  cent  a  mile  for  the  purpose  of  sending 
the  mountain  men  home.  The  testimony  in  this  case  is  that 
I  called  up  the  transportation  agent  at  Louisville  that  morning 
and  asked  him  to  send  the  coaches  on  the  afternoon  train,  and 
the  testimony  further  is  that  I  was  sent  for  by  Governor 
Bradley  to  come  over  to  the  adjutant  general's  office  in  the 
red  brick  building,  and  that  Governor  Bradley  said  to  me 
that  he  understood  that  I  was  going  to  send  the  mountain  men 
home.  He  said  I  must  not  send  the  men  home.  "  There 
is  going  to  be  an  argument  before  some  of  the  contest  com- 
mittee, and  you  must  not  send  them  all  home,"  he  said.  The 
testimony  is  that,  had  it  not  been  for  Governor  Bradley,  those 
mountain  men  would  have  been  sent  home  on  Monday,  the 
evening  before  the  killing  of  Mr.  Goebel  on  Tuesday  morn- 
ing. They  say :  "  Why  didn't  you  call  Governor  Bradley 
to  the  witness  stand  and  prove  this  by  him?"  I  hurl  it  back 
into  their  faces  and  say :  "  Why  didn't  you  call  Governor 
Bradley  to  the  witness-stand  and  contradict  me  in  that  asser- 


346          MY  ADDRESS  TO  THE  JURY 

tion  if  I  am  swearing  falsely  about  it?"  I  have  sworn  to  it 
over  three  years.  They  have  had  Governor  Bradley  before  the 
grand  juries  of  the  country,  and  they  have  had  him  as  a  wit- 
ness in  the  Ripley  trial.  They  know  Governor  Bradley  would 
not  contradict  me.  Then  I  would  have  sent  the  mountain  men 
home  on  Monday  morning  before  Senator  Goebel  was  killed, 
if  I  could  have  made  the  necessary  transportation  arrange- 
ments. The  testimony  is,  that  I  would  have  sent  them  home 
on  Monday  afternoon  had  it  not  been  for  Governor  Bradley. 
Now,  the  prosecution  has  always  maintained  that  those  moun- 
tain men  were  there,  retained  in  Frankfort,  for  the  purpose  of 
killing  Mr.  Goebel. 

That  is  their  contention.  They  assert  they  were  retained 
in  Frankfort,  and  that  the  culmination  of  the  dastardly  deed 
could  not  be  reached  without  the  presence  of  the  mountain 
men ;  that  is  their  charge.  Now,  I  want  you  to  ask  yourselves 
this  question,  when  you  get  to  your  jury-room,  when  it  be- 
comes your  duty,  under  your  oaths  and  the  law,  to  pass  upon 
my  most  sacred  rights  —  ask  yourselves  this  question :  "  If 
that  young  man  had  known  anything  about  the  plan  to  kill 
Senator  Goebel  by  the  two  negroes  Monday  morning,  would 
he  have  been  trying  to  send  the  men  home  on  that  Monday 
morning?  If  he  had  known  anything  about  the  plan  to  kill 
Senator  Goebel  on  Tuesday  morning,  would  he  have  been 
wanting  to  send  those  men  home  on  Monday  afternoon ;  and 
the  testimony  is  beyond  dispute  that  I  would  have  sent  them 
home  had  it  not  been  for  Governor  Bradley.  I  knew  nothing 
of  the  plan  to  kill  Goebel  with  the  two  negroes.  I  knew 
nothing  of  the  alleged  key  transaction.  I  know  nothing  of 
this  alleged  conspiracy.  I  was  not  a  party  to  it. 

Even  Youtsey  says  that  I  did  not  know  anything  about  the 
negroes  being  ready  to  kill  Goebel,  or  anything  about  the 
alleged  transaction  of  the  wrong  key  between  himself  and  my 
brother;  for  did  not  Youtsey  say  that  after  my  brother  had 
given  him  the  wrong  key  to  my  office,  I  came  to  him 
and  said :  "  My  brother  tells  me  that  you  have  two  negroes 
here  to  kill  Goebel,  and  that  he  has  given  you  the  wrong 
key ; "  and  that  I  then  said  to  him :  "  I  can  not  give  you  the 
keys  to  that  office,  but  it  shall  be  at  your  disposal."  Did 


CONTRADICTED  BY  YOUTSEY         347 

not  Youtsey  say  that?  If  thi's  statement  be  true  about  the 
transaction  of  the  wrong  key  and  the  two  negroes,  I  did  not 
know  anything  of  the  alleged  plan  to  kill  Goebel  with  the 
negroes. 

On  the  former  trials  in  this  case,  these  gentlemen  prosecut- 
ing me  have,  in  their  speech-making  capacities,  sworn  to  other 
juries  until  they  were  black  in  the  face,  that  my  trying  to 
send  the  mountain  men  away  on  the  Monday  morning  before 
the  killing  was  a  farce ;  that  the  statements  of  witnesses  to 
the  effect  that,  if  I  could  have  made  the  necessary  transporta- 
tion arrangements  to  have  sent  the  mountain  men  home  on 
that  morning,  I  would  have  gone  to  Louisville  to  meet  a 
young  lady  friend  of  mine,  was  all  hypocrisy  and  deception. 
They  said  that  the  reason  why  I  did  not  go  to  Louisville  on 
that  morning  was,  not  because  I  failed  to  make  transportation 
arrangements  for  the  men,  but  because  there  was  a  failure 
in  the  plan  to  kill  Goebel  with  the  two  negroes,  from  the 
fact  that  my  brother  had  given  Youtsey  the  wrong  key. 
And  on  this  theory  of  the  case,  they  asked  other  juries  to 
hang  me.  Now,  Youtsey  overturns  it  all  and  says  that  I  tlid 
not  know  anything  about  the  transaction  of  the  wrong  key, 
or  the  killing  of  Goebel  by  the  two  negroes  at  that  time,  but 
that  I  came  to  him  later  and  told  him  what  my  brother  had 
revealed  to  me. 

Golden  says  when  he  got  to  the  Executive  Building  he 
saw  my  brother  give  Youtsey  a  second  key  to  my  office. 
Youtsey  says  that  is  not  true.  Youtsey  says  Golden  lied 
about  that.  Youtsey  says  he  got  but  one  key  to  that 
office  from  my  brother,  or  anybody  else,  and  that  was  the 
wrong  key,  and  that  was  before  that  time  and  on  the  same 
morning.  But  when  we  got  back  to  the  Executive  Building 
on  the  morning  of  the  day  Senator  Goebel  was  killed,  Yout- 
sey says  I  came  to  him  later  on  in  the  day,  into  his  little 
private  office,  and  said  to  him :  "  I  understand  you  have  two 
negroes  here  to  kill  Goebel ;  John  Powers  told  me  that,  and 
I  want  to  know  what  about  it."  Youtsey  says :  "  That  is 
all  true."  And  Youtsey  testified  that  I  then  said  to  him 
that  I  could  not  loan  him  the  key  to  that  office  —  that  he 
then  went  with  me  over  to  the  glass  door  leading  from  the 


348          MY  ADDRESS  TO  THE  JURY 

hallway  into  the  private  office  of  the  secretary  of  state,  and 
that  here  he  said  to  me :  "  Now,  you  can  put  your  foot  down 
on  this  thing  and  stop  it  if  you  want  to.  All  you  have  to 
do  to  keep  Goebel  from  being  killed  is  to  put  your  foot  down 
on  it  and  it  will  not  be  done."  But  Youtsey  says  I  didn't 
do  that,  but  that  I  said :  "  I  can  not  loan  you  the  key  to  my 
office,  but  I  will  fix  the  door  so  that,  at  any  time  you  want 
to,  you  can  walk  in  and  make  yourself  at  home."  He  says 
that  I  unlocked  and  unbolted  the  little  door  leading  into  the 
private  office  from  the  hallway  and  left  it  in  such  a  condition 
that  anybody  who  would  push  against  it,  could  open  it;  and 
that  he  said  for  me  to  be  away  from  my  office  and  that  I 
agreed  to  it.  That  is  his  testimony.  This  is  the  only  con- 
versation, he  says,  I  ever  had  with  him  relative  to  the  killing 
of  Senator  Goebel. 

Now,  let  us  see  about  that.  If  his  testimony  be  true  —  but 
it  is  every  word  a  sworn  lie  —  but  let  us  consider  for  the 
present  that  it  is  true,  and  look  at  it  from  that  standpoint 
and  see  what  it  proves.  If  it  be  true,  then  I  must  have  left 
the  door  ajar  on  that  day  for  the  purpose  of  having  Mr. 
Goebel  killed  by  Hockersmith  and  Dick  Combs,  after  I  had 
found  out  that  they  wanted  to  kill  him.  The  testimony  in 
this  case  is,  that  I  did  not  then  know  Dick  Combs,  and  that 
I  had  never  seen  or  heard  of  Hockersmith.  But,  of  course, 
a  little  thing  like  that  could  not  shake  the  credence  of  the 
story  told  by  this  divine  lover  and  server  of  truth  —  Henry 
E.  Youtsey.  Youtsey  said  I  agreed  to  be  away  from  my 
office  and  that  he  said  to  me  that  I  had  better  be  away;  that 
he  didn't  want  me  mixed  up  in  the  matter,  and  he  wanted 
me  away  and  I  agreed  to  be  away.  Can  not  you  see  his  solici- 
tude for  me?  Then,  if  I  agreed  to  be  away  from  that  office 
on  January  twenty-ninth  for  the  purpose  of  having  the  negroes 
Hockersmith  and  "  Tallow  Dick "  Combs  kill  Goebel,  I  cer- 
tainly lied  to  Youtsey,  because  I  was  in  the  office  on  that  very 
day  and  I  remained  in  it  all  the  day,  and  that  is  the  testimony 
in  this  case.  Then,  when  Youtsey  said  that  I  agreed  to  leave 
the  hall  door  open  for  the  purpose  of  having  Goebel  killed 
by  Hockersmith  and  "  Tallow  Dick "  Combs,  and  that  I 
would  also  be  away  from  that  office,  to  let  it  be  done  from 


CAMPBELL'S  CONTRADICTION         349 

there  on  that  day,  he  certainly  lied  about  it  or  I  lied  to  him, 
one  or  the  other,  because  I  was  in  my  office  the  whole  of 
that  day.  Neither  Hockersmith  nor  Dick  Combs  tried  to 
kill  Goebel  from  that  office  on  that  day.  There  is  no  proof 
of  it  in  this  record.  Then  I  certainly  did  not  leave  that 
office-door  ajar  for  the  purpose  of  having  Howard  kill  Goe- 
bel on  the  next  day,  for  Youtsey  says  himself  that  he  found 
it  locked  on  the  next  day. 

But  let  us  look  into  the  matter  a  little  further.  Mr.  Camp- 
bell said  in  his  opening  statement  to  this  jury  (I  am  sorry 
the  colonel  made  a  contrary  statement  in  hi's  speech)  :  "  If 
Caleb  Powers  gave  Youtsey  the  key,  then  Caleb  Powers 
should  give  his  life,  for  the  life  so  ruthlessly  taken.  If  Caleb 
Powers  did  not  give  the  key  to  Youtsey  he  has  gone  a  long 
way  toward  helping  the  side  of  the  defense  in  this  case.  I 
can  not  be  fairer  than  that.  I  say,  if  Caleb  Powers  did  not 
give  the  key  to  Youtsey,  he  has  broken  an  important  link 
in  our  chain  of  evidence.  If  he  did  give  it,  I  believe,  as  I 
have  to  answer  to  the  God  above,  that  I  can  see  no  escape 
from  the  conclusion  of  his  guilt.  I  am  reminded  that  I  say 
Caleb  Powers.  What  I  should  have  said  was  that  Powers 
gave  the  key.  John  Powers  got  it  from  his  brother  and 
gave  it  to  Youtsey." 

That  is  what  Mr.  Campbell  said  in  his  opening  statement 
in  this  case.  He  said  if  he  could  not  show  that  either  myself 
or  my  brother  gave  Youtsey  the  key  to  that  office  for  the 
purpose  of  having  Goebel  killed  from  that  office,  he  would 
admit  that  a  strong  link  in  the  testimony  of  the  prosecution 
of  this  case  had  been  broken.  Let  us  see  if  the  colonel  has 
not  almost  admitted  me  not  guilty.  If  the  testimony  of 
Youtsey  and  of  every  other  man  who  has  testified  about  it 
can  be  relied  upon,  then  a  strong  link  in  the  chain  of  testi- 
mony for  the  prosecution  in  this  case  has  been  broken,  be- 
cause Youtsey  says  he  got  but  one  key  to  that  office,  and 
that  was  the  wrong  key,  on  the  Monday  before  the  tragedy, 
and  that  he  never  got  a  right  key  from  either  myself  or  my 
brother.  That  is  the  testimony  of  Henry  E.  Youtsey.  I  tes- 
tified that  he  never  did  get  a  key  from  me.  Youtsey  says  that 
he  did  not  have  any  key  on  the  day  Goebel  was  killed,  but 


350          MY  ADDRESS  TO  THE  JURY 

that  he  went  through  an  open  door  leading  from  the  recep- 
tion-room into  the  private  office.  Then  what  becomes  of  this 
alleged  key  business?  Has  it  not  been  eliminated  from  this 
case?  Have  not  both  the  mountain  crowd  and  the  alleged 
key  transaction  been  eliminated?  If  the  testimony  can  be 
relied  upon,  is  it  not  true,  that  no  man  who  came  with  that 
mountain  crowd  killed  Goebel ;  and  is  it  not  further  true, 
that  Youtsey  did  not  get  the  key  either  from  myself  or  my 
brother  with  which  to  get  into  my  office  on  the  thirtieth  of 
January? 

You  remember,  gentlemen  —  it  is  a  part  of  the  current  his- 
tory of  this  state  —  that  on  both  of  my  former  trials  in  this 
case  the  prosecution  begged  the  juries  to  take  from  me  my 
life  on  the  theory  that  John  Powers  gave  the  right  key  to 
my  private  office  to  Henry  E.  Youtsey,  and  that  John  Powers 
did  that  at  my  solicitation  and  at  my  request.  They  have 
asked  former  juries  to  take  my  life  from  me  on  that  proposi- 
tion. They  not  only  deceived  the  former  juries  in  this  case 
and  the  country  at  large,  but  they  deceived  the  Democratic 
minority  of  the  court  of  appeals  of  this  state,  because  they 
said  in  a  dissenting  opinion  that  there  was  no  doubt  in  their 
minds  but  that  Youtsey  got  the  right  key  from  my  brother 
and  that  he  had  gone  into  my  office  through  the  glass  door 
that  leads  into  the  hallway  and  killed  Mr.  Goebel  from  that 
office.  They  have  not  only  deceived  the  juries  of  this  county, 
but  they  have  deceived  the  highest  tribunal  of  this  state. 
Now,  the  prosecution  takes  a  double  somersault  from  their 
former  position  and  says  that  none  of  what  they  have  for- 
merly asserted  is  true;  that  the  only  thing  that  is  true,  is  that 
I  agreed  to  be  away  from  my  office  when  Senator  Goebel 
was  killed. 

Youtsey  says  that  the  outer  door  from  my  private  office 
to  the  hallway  was  locked  and  that  he  had  to  go  through 
the  reception-room  into  the  private  office  to  open  that  door 
on  the  thirtieth  of  January.  Then,  if  I  am  connected  with 
Henry  E.  Youtsey  at  all,  if  his  own  testimony  can  be  relied 
upon,  it  is  the  connection  of  allowing  him  to  go  through 
that  open  door  on  the  thirtieth  for  the  purpose  of  using  that 
office  for  murder,  and  not,  as  the  people  have  been  taught  to 


OTHER  DOOR  WAS  LOCKED          351 

believe,  that  he  got  the  key  from  my  brother.  Is  not  that 
true?  Have  I  not  stated  it  fairly?  I  say  if  I  had  any  con- 
nection with  Henry  E.  Youtsey,  so  far  as  the  killing  of  Mr. 
Goebel  is  concerned,  it  must  be  the  connection  by  leaving 
that  door  open  that  leads  from  the  reception-room  into  my 
private  office  for  the  purpose  of  having  murder  committed 
from  there.  The  other  door  was  locked.  Youtsey,  Golden 
and  myself  all  testify  to  that.  Then  that  door  was  not  left 
open  for  the  purpose  of  Youtsey's  getting  in  that  office  to  com- 
mit murder. 

Now,  let  us  take  up  the  testimony  in  this  case  and  see 
whether  or  not  I  did  leave  that  other  door  open  for  the  pur- 
pose of  letting  Youtsey  go  in  there  to  kill  Senator  Goebel. 
What  is  the  testimony?  The  testimony  is,  even  by  Colonel 
Campbell's  first  love  and  first  star-witness,  Wharton  Golden 
himself,  that  he  came  into  my  private  office  the  Tuesday  on 
which  Senator  Goebel  was  killed  and  said :  "  Rush  up  or 
you  are  going  to  miss  that  train,"  and  he  says  I  went  to  the 
door  leading  to  the  reception-room  and  locked  the  door  and 
bolted  it  on  the  inside.  That  is  the  testimony  of  Wharton 
Golden.  He  testified  to  that  in  all  these  trials,  even  be- 
fore Youtsey  ever  became  a  witness  in  this  case  —  even  before 
Youtsey  was  arrested.  Youtsey  says  the  door  was  open,  but 
Wharton  Golden,  another  star-witness  for  the  prosecution, 
says  the  door  was  closed,  and  that  it  was  locked  on  the  inside 
and  bolted.  Now,  whom  are  you  going  to  believe,  Henry 
E.  Youtsey  or  Wharton  Golden?  Wharton  is  swearing  to 
prevent  himself  from  getting  into  the  penitentiary  and  Yout- 
sey is  trying  to  swear  himself  out  of  it.  You  can  believe 
whichever  one  you  want  to,  or  you  can  set  them  both  aside 
and  say  we  can  not  believe  either  one  of  them;  because  they 
are  both  star-witnesses  for  the  prosecution,  and  they  are 
testifying  diametrically  opposite,  each  to  the  other.  What 
else  do  we  have  in  this  case  upon  that  proposition?  Mr. 
Nickell,  who  has  testified  for  the  prosecution,  said  that  he 
had  some  business  with  Governor  Taylor  on  the  morning 
of  the  killing,  and  while  he  was  sitting  in  the  reception-room, 
waiting  to  see  Governor  Taylor,  that  he  saw  some  man  go 
into  that  private  office  and  come  out  and  go  into  the  private 


352  MY  ADDRESS  TO  THE  JURY 

office  of  the  governor.  That  is  the  testimony  of  Mr.  Nickell. 
Now,  Mr.  J.  M.  Hardgrove,  a  witness  for  the  defendant,  says 
that  he  was  also  sitting  in  that  reception-room  thirty  or  forty 
minutes  before  Mr.  Goebel  was  killed,  at  the  very  time  Mr. 
Nickell  says  he  was  sitting  in  there,  and  Mr.  Hardgrove 
says  that  no  man  went  into  that  office  during  that  interval; 
that  he  did  see  some  man,  who,  he  believed,  was  Grant 
Roberts,  go  and  try  to  get  into  that  office,  and  he  failed  to 
get  in  there.  Mr.  Hardgrove  is  corroborated  by  Mr.  Roberts, 
because  he  says  that  he  did  try  to  get  into  my  private  office 
and  failed,  because  the  door  was  locked,  but  you  can  believe 
Mr.  Nickell  or  you  can  believe  Mr.  Hardgrove,  just  as  you 
like  about  it.  One  or  the  other  of  them  lied.  There  is  no 
doubt  about  that.  Then,  what  else  do  we  have? 

Golden  stands  up  against  Youtsey.  They  are  both  star- 
witnesses,  and  as  far  as  I  am  concerned,  you  can  cast  their 
testimony  to  the  winds  and  not  believe  either.  Mr.  Hardgrove 
says  the  man  did  not  go  in,  and  Mr.  Nickell  says  he  did. 
So  far  as  I  am  concerned,  you  can  believe  neither.  Then 
what  do  we  have? 

In  addition  to  this  testimony,  R.  N.  Miller  tells  you  that 
he  tried  to  get  into  that  office  between  half-past  nine  and 
eleven  o'clock  and  he  found  the  door  locked  and  he  could  not 
unlock  it.  Grant  Roberts  says  that  he  had  some  business 
in  the  private  office  of  the  secretary  of  state,  and  you  noticed 
the  manly  bearing  of  that  young  man,  Grant  Roberts,  upon 
the  witness-stand.  He  tells  you  he  tried  to  get  into  that 
office  on  that  morning  on  some  business  connected  with  the 
auditor's  office  and  failed  to  get  in  there.  Then,  if  the  testi- 
mony in  this  case  can  be  relied  upon,  Henry  E.  Youtsey  did 
not  go  through  that  door.  What  else? 

Jim  Howard  says  it  is  all  untrue  that  Youtsey  went 
around  through  that  reception-room  and  let  him  into  that 
private  office.  Then  what  is  the  testimony  in  this  case? 
Henry  E.  Youtsey  and  Mr.  Nickell,  upon  the  side  of  the 
prosecution,  say  that  the  door  was  open,  and  J.  M.  Hard- 
grove,  Wharton  Golden,  R.  N.  Miller,  Grant  Roberts,  Jim 
Howard  and  Ben  Rowe  and  myself,  all  on  the  other  side,  say 
that  the  door  was  locked  on  that  occasion  and  that  they 


BEN  ROWE'S  TESTIMONY  353 

could  not  get  in  there.  That  is  the  connection  they  have 
between  me  and  Henry*  E.  Youtsey,  and  what  are  you  going 
to  do  about  it?  Are  you  going  to  say  that  Youtsey  is  a  gen- 
tleman and  a  truth-teller  and  a  saint?  Youtsey  says  any- 
body will  lie  when  he  gets  into  trouble,  no  matter  how  honest 
he  may  be  before  that  time.  That  is  Youtsey's  idea.  That 
is  what  Youtsey  said  on  the  witness-stand.  Then  what  are 
you  going  to  do  about  it?  That  is  the  only  connection  be- 
tween me  and  Henry  E.  Youtsey  so  far  as  the  death  of 
Senator  Goebel  is  concerned,  if  his  own  words  can  be  relied 
upon.  Are  you  going  to  say  beyond  a  reasonable  doubt  that 
Youtsey  is  a  gentleman  and  a  truth-teller?  Are  you  going 
to  say  that  Youtsey  is  the  only  man  in  all  this  case  who  is 
entitled  to  belief?  Are  you  going  to  say  beyond  a  reasonable 
doubt  that  R.  N.  Miller,  former  county  attorney  of  Breck- 
inridge  County,  swore  to  a  lie,  and  that  Grant  Roberts,  the 
brother  of  the  able  editor  of  the  Lexington  Leader,  swore 
to  a  lie,  and  that  J.  M.  Hardgrove  swore  to  a  lie,  and  that 
Ben  Rowe  swore  to  a  lie?  Ben  Rowe  is  another  man  who 
says  he  tried  to  get  into  that  office  between  ten  and  eleven 
o'clock,  and  Mr.  Franklin  called  him  on  the  proposition,  and 
said :  "  Ben,  didn't  you  say  on  the  former  trial  in  this  case 
that  you  got  back  to  that  office  and  unlocked  it  about  half- 
past  nine  when,  if  Powers  can  be  relied  upon,  he  had  locked 
the  door  and  bolted  it  on  the  inside  and  gone  to  Louisville?" 
and  Ben  says :  "  I  don't  remember  about  that ;  I  don't  think 
I  did."  But  put  it  as  Mr.  Franklin  wants  it.  That  door 
was,  as  a  matter  of  fact,  at  half-past  nine,  locked  from  the 
inside.  But  let  Mr.  Franklin  take  whatever  horn  of  the 
dilemma  he  likes.  That  door,  on  that  occasion,  was  locked 
and  bolted,  or  it  was  locked  and  not  bolted.  Then,  if  it  was 
simply  locked,  as  Mr.  Franklin  tried  to  get  Ben  Rowe  to  say, 
then  what  do  we  have? 

Ben  Rowe  had  a  key  to  the  office,  W.  J.  Davidson  had  a 
key  to  the  office.  One  was  the  janitor;  the  other  the  assist- 
ant secretary  of  state;  both  had  access  to,  and  frequently 
business  in,  that  office.  The  door  might  have  been  left  open 
by  them.  If  that  door,  on  that  occasion,  was  simply  locked 
and  not  bolted,  there  is  no  telling  how  Youtsey  got  in  there. 


354  MY  ADDRESS  TO  THE  JURY 

He  might  have  gotten  in  there  through  one  of  those  people. 
Let  Mr.  Franklin  take  whatever  horn«of  the  dilemma  he  likes. 
Then,  are  you  going  to  say  that  Miller  and  Hardgrove  and 
Grant  Roberts  and  Wharton  Golden  and  Jim  Howard  and  Ben 
Rowe  swore  to  a  lie  beyond  a  reasonable  doubt,  and  that 
Henry  Youtsey  is  a  living  embodiment  of  all  the  manly 
virtues,  and  that  the  testimony  of  this  convict  and  self-con- 
fessed perjurer  is  entitled  to  more  weight  than  all  these 
other  gentlemen,  who  are  not  confessed  perjurers,  and  whose 
testimony  the  law  does  not  challenge,  but  respects?  And 
this  connection  of  this  door  is  the  only  connection  that  they 
have  "shown  between  Henry  E.  Youtsey  and  myself  in  this 
case.  What  are  you  going  to  do  about  it? 

Now  let  us  take  up  the  other  door  and  discuss  that  in  this 
connection.  You  will  remember  that  Youtsey  said  on  the 
twenty-ninth  of  January  I  agreed  to  leave  the  door  that 
leads  from  the  private  office  to  the  main  hallway  ajar.  I  have 
not  discussed  that  door  on  the  morning  of  the  thirtieth,  when 
Senator  Goebel  was  killed.  Let  us  see  in  what  condition 
we  find  that  door. 

Golden  says  that  I  pulled  that  door  to  as  I  went  to  Louis- 
ville that  morning;  that  it  was  a  Yale  lock,  and  that  it  locked 
itself;  that  I  pushed  against  it  and  that  it  was  locked.  He 
is  a  witness  for  the  prosecution.  I  said  in  my  testimony 
that  the  door  was  locked,  and  even  Youtsey  himself  says 
that  the  door  was  locked,  because  he  says  he  took  Jim  How- 
ard to  that  door  to  wait  for  him  while  he  (Youtsey)  went 
around  through  the  reception-room  into  the  private  office 
and  unlocked  the  glass  door  and  let  Howard  in.  So,  if  the 
testimony  can  be  relied  upon,  that  door  was  also  locked. 
Then  you  say  to  me :  "  Mr.  Powers,  we  are  of  opinion 
that  the  shot  was  fired  from  the  office  of  the  secretary  of 
state,  and  you  have  proven  to  us  here  by  the  testimony  in 
this  case  that  both  of  those  doors  were  locked.  If  that  be 
true,  I  would  like  to  know  how  it  is  that  that  shot  could 
have  been  fired  from  the  office  of  the  secretary  of  state?" 
Why,  gentlemen,  all  we  have  to  do  in  order  to  determine 
this  matter,  is  to  go  to  the  prosecution  for  testimony.  They 
give  us  an  explanation  of  it.  What  does  Culton  say?  Cul- 


POSSIBILITIES  IN  THE  CASE         355 

ton  says  that  Youtsey  said  to  him  away  back  in  January 
that  he  had  the  slickest  scheme  yet  to  kill  Senator  Goebel; 
that  he  had  a  key  to  the  office  of  the  secretary  of  state,  and 
he  could  go  in  there  and  pull  down  the  blinds  and  a  man 
could  shoot  Senator  Goebel  and  escape  through  the  base- 
ment. That  is  what  Culton  tells  you  that  Youtsey  said  to 
him  away  back  in  January.  If  Youtsey  can  be  relied  upon, 
he  did  not  get  that  key  from  either  myself  or  my  brother. 
He  never  did  get  the  right  key  from  either  of  us  to  that 
office,  and  he  attempted  to  get  only  one  key  and  that 
was  on  the  twenty-ninth  of  January,  the  day  before  Senator 
Goebel  was  killed.  That  is  what  he  says  about  it.  Then, 
relying  upon  the  testimony  for  the  prosecution  in  this  case, 
you  see  how  Senator  Goebel  could  have  been  killed  from 
the  office  of  the  secretary  of  state.  Youtsey  told  Culton 
that  he  had  a  key  to  that  office  or  a  key  that  would  unlock 
that  office,  and  Youtsey  said  that  he  didn't  get  it  from  myself 
or  my  brother;  that  he  didn't  try  to  get  a  key  from  either 
of  us  until  the  twenty-ninth  of  January,  1900.  But  how  else 
could  the  shot  have  been  fired  from  that  office?  Why,  it  is 
in  the  testimony  in  this  case  that  those  Yale  locks  are  num- 
bered on  the  inside  and  anybody  who  was  in  that  office  could 
have  got  the  number  to  those  Yale  locks  and  got  a  key 
to  fit  them.  The  testimony  in  this  case  is  that  there  ought  to 
have  been  three  keys  to  the  side  door  of  my  private  office 
that  leads  into  the  main  hallway,  and  the  testimony  is  that  I 
never  did  get  more  than  one  key  to  that  office  when  the  office 
was  turned  over  to  me.  The  two  keys  are  unaccounted  for, 
and  one  of  those  two  keys  might  have  been  used  in  getting 
into  that  office.  The  prosecution  tells  you  that  the  windows 
to  the  private  office  of  the  secretary  of  state  were  up  on  the 
thirtieth  of  January.  If  they  were  up,  or  if  they  could  be 
raised,  somebody  might  have  raised  those  windows  from  the 
outside  and  got  into  that  office.  Some  one  could  have 
gained  access  to  that  office  in  all  these  ways.  You  know 
that  burglars  roam  over  the  country  and  can  unlock  your 
door  and  get  into  your  house  and  get  into  your  money- 
drawer.  There  is  a  noted  burglar  in  the  Georgetown  jail 
now.  He  tells  me  that  he  can  pass  by  any  door  iji  this  town 


356  MY  ADDRESS  TO  THE  JURY 

and  see  the  kind  of  key  that  unlocks  it  and  go  off  and  in 
a  half  an  hour  have  a  key  made  and  unlock  that  door.  If 
Youtsey  is  the  same  expert  in  getting  into  offices  and  making 
keys  and  things  of  that  character  as  he  is  in  determining  the 
grains  of  powder  in  a  cartridge ;  if  he  has  the  same  knowledge 
about  things  of  that  character  as  he  has  about  guns,  nobody 
would  doubt  that  he  could  get  into  that  office.  But  if  what 
both  he  and  Culton  say  about  it  can  be  relied  upon,  he  got 
hold  of  a  key  away  back  in  January  that  would  unlock 
my  private  office,  and  if  what  Youtsey  says  can  be  believed, 
he  did  jiot  get  that  key,  either  from  my  brother  or  myself. 

Then,  if  testimony  can  be  believed,  I  did  not  leave  that 
office  open  on  the  day  of  the  tragedy  for  the  purpose  of  hav- 
ing murder  committed  from  there.  Youtsey,  Golden  and 
myself  all  say  that  the  door  leading  from  the  private  office 
into  the  hallway  was  locked  on  that  day,  and  R.  N.  Miller  and 
Grant  Roberts,  who  had  business  in  my  office  connected  with 
the  auditor's  office,  and  Ben  Rowe,  the  janitor,  and  Wharton 
Golden  and  J.  M.  Hardgrove  and  myself  all  say  that  the  door 
leading  from  the  private  office  into  the  reception-room  was 
also  locked.  Jim  Howard  indirectly  says  the  same  thing, 
because  he  says  that  Youtsey  did  not  let  him  into  that  office, 
as  is  claimed  by  Youtsey,  and  the  only  two  witnesses  to  the 
effect  that  the  door  was  open  on  the  thirtieth  were  Youtsey 
and  Nickell.  And  you  know  that  the  door  leading  from  the 
reception-room  into  my  private  office  was  locked  and  bolted 
from  the  inside  on  that  day;  for  when  Goebel  was  shot  and 
an  angry  crowd  in  the  street  was  threatening  to  mob  the 
occupants  of  the  Executive  Building,  those  in  the  reception- 
room  tried  to  get  into  my  private  office  through  the  reception- 
room  door  for  the  purpose  of  getting  the  guns  in  that  office 
with  which  to  defend  themselves.  The  proof  is  overwhelm- 
ing, and  not  contradicted,  that  the  door  was  locked  and  bolted 
on  the  inside,  and  Matthews  had  to  climb  through  the  tran- 
som in  order  to  get  into  that  private  office.  Rowe,  Miller, 
Todd,  Hardgrove  and  others  testify  to  that.  That  fact  is 
not  disputed.  Then  we  must  conclude  that  the  door  lead- 
ing from  the  reception-room  into  my  private  office  was 
locked  on  the  day  of  the  tragedy,  and  not  left  open,  as  Yout- 


MY  TRIP  TO  LOUISVILLE  357 

sey  claims,  for  the  purpose  of  giving  him  access  to  that 
office  in  order  that  murder  might  be  committed  from  there. 
And  I  have  explained  tq  you  how  Youtsey  did  have  access 
to  that  office  on  former  occasions,  and  without  my  knowledge 
or  consent,  if  his  own  and  Culton's  testimony  can  be  believed. 
And  you  remember  that  thirty-two  Yale  keys  were  found  in 
a  drawer  in  Youtsey's  little  office  after  Goebel  had  been  killed, 
and  how  nearly  one  of  them  came  to  unlocking  the  glass  door 
to  my  private  office.  What  was  Youtsey  doing  with  all  those 
Yale  keys  ?  Answer  me  that.  Now  let  us  take  up  and  discuss 
further  the  claim  on  the  part  of  the  prosecution  that  I  left 
my  office  open  on  the  morning  of  the  thirtieth  for  the  purpose 
of  letting  murder  be  committed  from  there. 

Youtsey  says  that  I  agreed  to  be  away  from  my  office  for 
the  purpose  of  letting  murder  be  committed  from  there,  and 
leaving  it  accessible  for  murder  to  be  committed,  and  the  Com- 
monwealth says  that  Youtsey  is  corroborated  in  that  proposi- 
tion because,  they  say,  I  was  away  on  the  thirtieth  of  January, 
1900.  It  is  true,  gentlemen,  I  was  away,  and  I  want  to  say 
to  the  Commonwealth  right  here,  that  I  will  risk  the  fate  of 
my  case  upon  why  I  was  away  from  Frankfort  on  that  day. 
Whatever  may  be  said  about  me  up  to  that  time ;  whatever 
rash  conduct  or  incendiary  speech  may  have  been  attributed 
to  me,  or  has  been  testified  to  by  anybody  who  has  sworn 
against  me ;  whatever  may  have  been  said  upon  the  side  of 
the  defense,  so  far  as  I  am  individually  concerned,  I  am 
willing,  gentlemen,  for  you  to  erase  from  this  case  all  that 
has  been  proven  in  it  up  to  this  time  and  risk  my  fate  in 
your  hands  upon  the  purpose  of  my  trip  to  Louisville  that 
day.  If  my  trip  to  Louisville,  as  is  asserted  by  the  prosecu- 
tion, was  in  bad  faith ;  if  my  trip  to  Louisville  was  for 
the  purpose,  as  is  said  by  the  prosecution,  of  per- 
mitting my  office  to  be  used  for  the  purpose  of  letting 
murder  be  committed  from  there,  and  for  the  purpose  of 
being  out  of  the  way  and  trying  to  take  suspicion  from 
myself  —  I  say  if  that  claim  on  the  part  of  the  prosecu- 
tion be  true,  it  does  not  matter  what  el'se  may  have  been 
proven  in  this  case,  in  that  event,  I  would  be  guilty.  I  say, 
if  that  be  true,  it  does  not  matter  what  else  may  be  proven  on 


MY  ADDRESS  TO  THE  JURY 

the  part  of  the  prosecution, —  in  that  event  I  am  guilty ;  but  I 
say  to  you,  on  the  other  hand,  if  my  trip  to  Louisville  on  that 
day  was  in  good  faith,  for  the  purpose  of  getting  a  crowd 
of  people,  mostly  from  Western  Kentucky,  to  come  to  Frank- 
fort to  petition  the  Legislature,  as  is  claimed  by  the  defense, 
whatever  else  may  have  happened  up  to  that  time,  I  am  not 
guilty,  because  I  could  not  be  guilty  if  I  were  going  to 
Louisville  for  the  purpose  of  getting  up  a  crowd  of  people 
to  come  to  Frankfort  to  petition  the  Legislature;  for  if  I  had 
known  Mr.  Goebel  was  going  to  be  killed,  such  an  act  as 
that  on  my  part  would  have  been  a  useless  and  senseless  one, 
and  such  a  mission  as  that  would  have  been  the  height  of 
nonsense  and  folly.  One  of  the  attorneys  on  the  part  of  the 
prosecution  said  yesterday :  "  Why  didn't  you  go  and  get 
your  peaceful  petitioners  from  Western  Kentucky  after  hear- 
ing that  Senator  Goebel  was  killed?  What  did  the  killing  of 
Senator  Goebel  have  to  do  with  it?  Why  did  you  stop  and 
why  did  you  come  back  to  Frankfort  ? "  You  know  why. 
There  is  not  a  man  in  this  case  but  knows  that  it  would 
have  been  as  useless  and  as  senseless  to  plead  to  the  Legisla- 
ture after  Senator  Goebel  had  been  killed  and  when  the 
bosoms  of  our  lawmakers  were  heaving  with  rage  at  the 
dastardly  and  cowardly  crime  that  had  been  committed  in 
Frankfort  —  it  would  have  been  as  useless,  I  say,  to  plead 
and  petition  them  when  they  were  drunk  with  passion  and 
filled  with  hate  —  as  it  would  be  for  a  man  to  beg  and  plead 
to  the  Niagara  Falls  not  to  hurt  him  after  he  had  thrown 
himself  from  its  precipice  and  was  going  down  into  the  depths 
of  its  awful  abyss.  So,  the  mission  of  my  trip  to  Louisville 
on  the  thirtieth  of  January  is  a  most  important  matter  in 
this  case.  If  I  were  going  in  good  faith,  I  am  not  guilty. 
If  I  were  going  in  bad  faith,  I  am  guilty.  How  are  we  to 
determine  the  purpose  of  the  trip?  Let  us  be  fair  with  each 
other.  How  can  we  determine  whether  my  trip  to  Louisville 
was  in  good  faith  or  in  bad  faith?  We  have  to  determine 
that  from  the  testimony  in  this  case.  Not  from  what  I  say 
about  it;  not  from  what  the  lawyers  on  the  other  side  of  this 
case  say  about  it.  That  should  not  weigh  as  much  as  a 
straw  with  you  one  way  or  the  other,  in  the  rendition  of  your 


OBJECT  OF  MY  JOURNEY  359 

verdict.  You  have  to  determine  that  matter  from  the  testi- 
mony in  the  case ;  and  what  is  the  testimony  as  to  the  pur- 
pose of  my  trip  to  Louisville  on  the  thirtieth  of  January,  1900? 
Golden  says  he  did  not  know  why  I  was  going  to  Louisville 
on  that  day;  that,  so  far  as  he  was  concerned,  he  had  a  letter 
from  John  Henry  Wilson  to  come  there,  and  that  that  was  his 
business  to  Louisville,  but  he  did  not  know  why  I  was  going 
or  why  my  brother  was  going.  He  did  not  know  why  Long 
and  Day  were  going.  He  did  not  know  anything  about  it. 
So  the  only  man  on  the  side  of  the  prosecution  who  gives  us 
any  reason  for  my  being  away  from  my  office  on  that  day 
is  Henry  E.  Youtsey,  and  he  says  I  agreed  to  be  away  from 
my  office  that  it  might  be  accessible  for  murderous  purposes. 
What  has  the  defense  to  refute  the  testimony  of  Henry  E. 
Youtsey?  It  has  this:  R.  N.  Miller  tells  you  that  on  the 
night  of  the  twenty-ninth  of  January  he  discussed  with  me 
at  my  boarding-house,  in  Frankfort,  the  plan  of  bringing  a 
crowd  of  petitioners  from  Western  Kentucky  on  the  following 
day.  Walter  Day  tells  you  in  his  deposition  in  this  case  that 
on  the  evening  of  the  twenty-ninth  of  January,  between  the 
hours  of  four  and  five  o'clock,  he  came  into  my  office  and 
said  that  Governor  Taylor  wanted  him  and  myself  and  others 
to  bring  a  crowd  of  petitioners  from  Western  Kentucky.  The 
testimony  is  that  W.  J.  Davidson  was  also  a  member  of  that 
meeting.  I  testified  that  the  meeting  was  held.  What  has 
the  prosecution  to  rebut  that  testimony?  We  say  that  we 
were  discussing  the  trip  to  Western  Kentucky  and  we  de- 
cided to  sleep  over  the  matter  that  night  and  meet  at  my 
office  early  on  Tuesday  morning  and  decide  whether  we 
would  go  to  Louisville  that  day.  The  idea  was  that  the 
contest  committee  would  decide  the  case  in  a  few  days  and 
if  we  were  to  get  anybody  from  Western  Kentucky  we  had 
to  get  them  at  once.  These  men  tell  you  we  did  meet 
at  my  office  the  next  morning.  J.  Lon  Butler,  on  the 
witness-stand  here,  tells  you  that  he  was  called  into  that 
meeting  on  Tuesday  morning  and  that  we  decided  to  go  into 
Western  Kentucky  to  get  a  crowd  of  petitioners  to  petition 
the  Legislature.  And,  as  I  said  to  start  out  with,  if  we  were 
going  to  get  a  crowd  of  petitioners  to  petition  the  Legislature, 


360          MY  ADDRESS  TO  THE  JURY 

we  could  not  have  known  that  Senator  Goebel  was  going  to 
be  killed,  because  our  mission  in  that  event  would  have  been 
a  useless  and  senseless  one.  A  man  with  a  spoonful  of  brains 
in  his  cranium  would  have  known  that  the  people  would  be 
swept  off  their  feet  at  such  a  cowardly  and  atrocious  and 
brutal  murder  as  that  of  Senator  Goebel.  You  know  that 
the  people  at  the  time  were  in  no  state,  or  frame  of  mind,  to 
be  reasoned  with.  Butler  tells  you  that  we  were  going  to 
get  a  crowd  of  people  to  petition  the  Legislature.  Day  tells 
you  we  were  going  to  get  a  crowd  of  people  to  petition  the 
Legislature.  So  does  Davidson,  and  I  testify  to  that  myself. 
Whom  are  you  going  to  believe,  Day  and  Davidson  and  Butler 
and  Miller  and  myself,  or  Henry  E.  Youtsey?  You  have 
either  got  to  believe  Henry  E.  Youtsey  or  you  have  to  believe 
these  other  men.  Before  you  can  claim  my  trip  to  Louisville 
on  January  thirtieth  was  not  in  good  faith,  you  have  to  say 
that  Walter  Day,  W.  J.  Davidson,  J.  Lon  Butler,  R.  N. 
Miller  and  myself  all  swore  to  a  lie  beyond  a  reasona- 
ble doubt.  What  are  you  going  to  do  about  it?  After  that 
meeting  is  over,  Day,  Butler,  Long,  Golden,  my  brother  and 
myself  went  to  the  depot,  on  our  way  to  Louisville.  Lon 
Butler  says  that  we  discussed  the  trip  to  Western  Kentucky 
on  the  train.  He  said  he  agreed  to  get  the  men  on  the  Illinois 
Central  Railroad.  He  is  a  traveling  man  and  lived  in  that 
section  of  the  state  and  was  well  acquainted  throughout  the 
entire  Western  section  of  the  'state.  The  testimony  is,  if 
George  W.  Long  can  be  believed,  that  he  and  I  discussed  the 
matter  of  getting  petitioners  from  Western  Kentucky  on  the 
train  going  to  Louisville  that  day;  and  that  we  made  a  list  of 
the  stations  from  Henderson  around  by  Bowling  Green,  and 
made  an  estimate  of  about  the  number  of  men  we  could  get  and 
about  the  cost  of  transportation.  That  is  the  testimony  of 
George  W.  Long.  The  testimony  is  that  more  than  an  hour, 
or  about  an  hour,  before  Senator  Goebel  was  killed,  George 
W.  Long  sent  two  telegrams  from  Christianburg  to  Ed 
Mentz,  of  Glasgow  Junction;  to  Jim  Frank  Taylor,  of  Glas- 
gow, and  E.  U.  Fordyce,  of  Bowling  Green,  calling  them  to 
Louisville.  You  heard  those  telegrams  read  here  by  two  or 
three  people.  They  are  here  and  speak  for  themselves. 


I  DENOUNCE  THE  CRIME  361 

There  is  no  doubt  about  that.  Here  was  George  W.  Long 
sending  telegrams  to  Ed  Mentz,  E.  U.  Fordyce,  and  Jim 
Frank  Taylor  to  meet  us  at  Louisville,  Ky.  Why  was  this 
done?  Do  you  pretend  to  say  that  George  W.  Long  was  in 
the  conspiracy  and  in  the  plot?  Do  you  mean  to  say  that 
he  was  in  the  conspiracy  and  that  he,  too,  was  trying  to  cover 
up  his  alleged  connection  with  the  crime?  Do  you  mean  to 
say  that  Walter  Day  was  in  the  conspiracy  and  that  he  was 
trying  to  cover  up  his  alleged  connection  with  the  crime? 
Lon  Butler  said  he  wrote  and  Long  signed  the  telegrams. 
Do  you  mean  to  say  that  Lon  Butler  was  in  the  conspiracy 
and  that  he  was  trying  to  cover  up  his  alleged  connection 
with  the  crime?  Do  you  mean  to  say,  Mr.  Franklin  —  you, 
whose  sworn  duty  it  is  to  prosecute  all  violators  of  the  law 
in  this  the  Fourteenth  Judicial  District  of  the  state  of  Ken- 
tucky—  that  you  believe  they  were  in  the  conspiracy  and 
you  are  not  prosecuting  them?  If  you  do,  you  have  been 
false  to  the  people  who  elected  you  and  untrue  to  your  oath 
of  office.  If  that  be  true,  you  are  the  worst  enemy  the  state 
has  within  its  confines  this  day,  although  you  say  it  is  filled 
with  murderers  and  assassins.  The  truth  is,  Mr.  Franklin, 
you  don't  believe  a  word  of  it.  The  truth  is,  you  know  that 
Long  and  the  other  men  were  not  in  the  alleged  conspiracy. 
Then,  if  they  were  not  in  the  alleged  conspiracy,  they  were 
not  sending  those  telegrams  to  Jim  Frank  Taylor,  E.  U. 
Fordyce  and  Ed  Mentz,  in  an  attempt  to  cover  up  their 
alleged  connection  with  the  killing  of  Senator  Goebel ;  and 
if  that  is  true,  why  were  these  telegrams  sent?  For  what 
purpose  were  they  sent?  They  were  sent,  if  the  testimony 
can  be  relied  upon,  to  get  E.  U.  Fordyce,  Jim  Frank  Taylor 
and  Ed  Mentz  to  come  to  Louisville  on  the  night  of  the 
thirtieth  of  January  for  the  purpose  of  helping  get  up  a  crowd 
of  petitioners  to  come  to  Frankfort  from  the  western  end 
of  the  state.  That  being  true,  we  did  not  know  that  Senator 
Goebel  was  going  to  be  killed,  as  heretofore  explained.  And 
on  the  way  to  Louisville,  about  an  hour  after  the  telegrams 
were  sent,  the  news  was  reported  through  the  train  that 
Senator  Goebel  had  been  shot  from  the  second  or  third  story 
of  the  Executive  Building  —  shot  down  in  the  State  House 


362          MY  ADDRESS  TO  THE  JURY 

yard.  The  testimony  is,  that  I  said,  as  soon  as  I  heard  it, 
that  it  was  a  shame  and  an  outrage  and  that  it  had  ruined 
our  chances  to  win  in  the  contests.  That  is  what  I  said, 
men.  But  Golden  adds  that  I  said  it  sarcastically.  He 
didn't  say  that  the  first  time  he  testified  in  this  case.  He  said 
nothing  about  my  using  those  words  in  a  sarcastic  man- 
ner, but,  when  he  was  told  by  those  who  have  him  in  charge  : 
"  Golden,  if  you  are  expecting  immunity  from  the  Common- 
wealth, you  must  testify  for  the  Commonwealth,  and  it  won't 
do  to  say  that  Powers  said  upon  hearing  that  Senator  Goebel 
was  killed  that  it  was  a  shame  and  an  outrage,  and  that  it 
had  ruined  our  chances  to  win,  because,  if  Powers  uttered 
those  words,  and  said  them  in  earnest,  he  certainly  was  not 
in  favor  of  Senator  Goebel's  being  killed;  for  he  certainly 
knew  if  Goebel  were  killed  that  it  would  ruin  the  chances 
of  the  Republicans  to  hold  their  offices."  And  Golden 
changed  his  story  and  now  says  that  I  uttered  those  words 
sarcastically.  The  prosecution  says,  when  they  are  confronted 
with  overwhelming  evidence  of  my  innocence,  that  I  am  a 
Dr.  Jekyll  and  Mr.  Hyde;  that  I  do  not  mean  what  I  say, 
that  I  am  acting  a  double  part,  that  there  was  nobody  more 
glad  than  myself  to  hear  the  news  that  Goebel  had  been 
shot  down.  These  are  the  things  that  these  gentlemen 
say;  but  I  want  to  leave  it  to  you,  if  I  did  not  speak 
the  truth,  when  I  said  that  it  was  a  shame  and  an  out- 
rage when  Senator  Goebel  was  shot.  I  leave  it  to  your 
honest  hearts,  to  your  own  sense  of  right  and  wrong,  if  it 
was  not  an  outrage  when  Senator  Goebel  was  shot  down  like 
a  dog  by  an  assassin's  bullet.  I  leave  it  to  you  further,  if  I 
did  not  speak  the  truth,  when  I  said  that  it  had  ruined  the 
chances  of  the  Republicans  to  win  in  the  contests.  The 
whole  world  knows  that  the  Republicans  lost  their  offices, 
and  didn't  I  speak  the  truth  when  I  said  it  would  ruin  the 
chances  of  the  Republicans  to  win  in  the  contests?  Any  fool 
would  have  known  that.  Any  fool  would  have  known,  if 
Senator  Goebel  had  been  shot  down  from  the  Executive 
Building,  occupied  by  Republicans,  shot  down  in  the  State 
House  Square,  that  the  Republicans  would  be  charged  with 
it;  and  if  they  were  charged  with  it,  would  not  anybody 


THE  STATE'S  OBJECTIONS  363 

know  that  it  would  ruin  the  chances  of  the  Republicans  to 
win  their  offices,  when  they  were  being  contested  before 
Democratic  tribunals?  Would  I  not  have  known,  and  didn't 
I  know,  that  such  a  thing,  charged  to  the  Republicans,  would 
make  the  board  of  Democratic  election  commissioners  de- 
cide against  me  in  my  case? 

We  go  to  Louisville  and  what  else  do  we  have?  Jim  Frank 
Taylor  was  put  upon  the  witness-stand  in  this  case  for  the 
defense.  "  Mr.  Taylor,  did  you  receive  a  telegram  from 
George  W.  Long  to  come  to  Louisville  on  the  evening  train 
of  January  thirtieth,  1900?"  "Yes,  sir."  "Did  you  come 
to  Louisville  in  response  to  that  telegram  ? "  "  Yes,  sir." 
"  Did  you  know  why  you  were  going  to  Louisville  before  you 
got  there  ?  "  "  No,  sir."  "  Were  you  informed  of  the  pur- 
pose after  you  got  to  Louisville  ?  "  "  Yes,  sir."  "  Tell  what 
that  purpose  was."  "We  object,  we  object,"  says  Mr.  Frank- 
lin. Why  object  to  letting  Mr.  Taylor  tell  this  jury  and  tell 
this  country  that  he  was  called  to  Louisville  to  help  get  up 
a  crowd  of  people  to  petition  the  Legislature?  You  claim  to 
have  no  desire  in  your  heart  to  prosecute  an  innocent  man. 
You  claim  that  you  are  acting  only  in  the  discharge  of  your 
official  duties;  and  if  that  be  true,  why  is  it  you  did  not  let 
Jim  Frank  Taylor  tell  this  jury  that  he  was  sent  for  to  come 
to  Louisville  to  help  get  a  crowd  of  petitioners  to  petition 
the  Legislature,  from  Western  Kentucky?  Why  didn't  you 
do  it  ?  And  when  E.  U.  Fordyce  and  Ed  Mentz  were  put  upon 
the  witness-stand,  they  were  asked  if  they  had  not  received 
telegrams  from  George  W.  Long,  calling  them  to  Louisville, 
and  they  said  they  had,  and  they  read  the  telegrams  here  in 
your  presence,  and  when  the  question  was  finally  put  to  them, 
"  Did  George  W.  Long  tell  you  the  object  of  your  being  sent 
for  to  come  to  Louisville?"  they  said,  "Yes."  "What  was 
that  purpose?"  "We  object,"  piped  out  a  chorus  of  voices 
on  the  part  of  the  prosecution.  Why  did  they  object,  if  they 
had  no  desire  that  an  innocent  man  be  punished?  Why  not 
let  the  truth  in  this  case  come  out?  Why  not  let  me  show 
that  I  was  on  a  legitimate  mission  on  the  thirtieth  of  January, 
and,  therefore,  could  not  have  known  about  any  plot  to  kill 
Senator  Goebel?  Why  don't  they  deal  fairly  with  me? 


364  MY  ADDRESS  TO  THE  JURY 

As  I  said  to  start  out  with,  if  my  trip  to  Louisville  was  in 
good  faith,  I  am  not  guilty.  If  it  was  in  bad  faith,  I  am 
guilty.  Then  what  are  you  going  to  do  about  it?  What  is 
the  testimony  in  this  case?  Henry  Youtsey,  a  convict  in  the 
walls  of  the  penitentiary,  Henry  E.  Youtsey,  who  was  sworn 
on  both  sides  of  this  case  and  both  sides  of  the  Howard 
case,  Henry  E.  Youtsey,  who  first  makes  an  affidavit  that  he 
did  not  know  anything,  and  then  comes  up  and  swears  from 
the  witness-stand  that  he  knows  almost  everything,  Henry 
E.  Youtsey,  who  deceived  the  jury  and  the  country  in  his  own 
trial  by  having  a  pretended  "  conniption  "  fit  in  the  court-house 
during  the  progress  of  his  trial,  Henry  E.  Youtsey,  who  de- 
ceived Arthur  Goebel  when  he  told  him  that  he  let  "  Tallow 
Dick  "  Combs  and  Berry  Howard  into  the  private  office  of  the 
secretary  of  state,  now  comes  to  this  witness-stand  to  de- 
ceive you,  in  the  hope  of  making  life  bearable  in  the  peniten- 
tiary of  this  state,  and  finally  of  roaming  over  the  inviting 
fields  of  freedom  in  payment  for  his  infamy.  Be  not  deceived 
about  it. 

It  is  the  same  Henry  E.  Youtsey,  who  is  the  only  man 
who  tried  to  give  any  reason  why  I  went  to  Louisville  on 
the  thirtieth  of  January,  and  I  was  surprised,  Mr.  Hendrick, 
I  was  sorely  disappointed  and  seriously  surprised  when  you, 
a  man  who  has  been  a  candidate  for  the  highest  office  within 
the  gift  of  the  people  of  the  great  state  of  Kentucky,  said 
to  this  jury  yesterday,  in  substance,  that  you  indorsed 
Youtsey's  conduct,  when  he  had  a  "  conniption  "  fit  here  in  this 
court-house  and  kept  the  jury  from  rendering  the  verdict 
against  him  that  they  otherwise  would  have  rendered.  He 
said  Youtsey  was  smarter  than  I ;  that  Youtsey  had  a  "  con- 
niption "  fit  and  that  I  did  not.  No,  I  did  not ;  no,  I  never 
shall.  You  can  turn  every  stone  of  this  land  into  a  scaffold, 
every  tree  into  a  gallows,  every  home  into  a  grave,  and  I  shall 
yet  be  found  here  as  long  as  my  frail  form  stays  above  the 
green  turf,  fighting  my  case  and  maintaining  my  innocence ; 
and  if  there  is  any  blotch  brought  upon  the  fair  name  of  the 
state  of  Kentucky  by  reason  of  these  trials,  that  blotch  will 
be  written  upon  its  pages  by  the  pen  of  the  prosecution.  It 
has  never  been  written,  it  will  never  be  written  by  a  pen  of 


UNIMPEACHABLE  TESTIMONY        365 

mine  or  by  my  .submitting  and  giving  up  and  having  "connip- 
tion "  fits,  when  I  know  and  the  God  above  me  knows,  that  I 
had  no  more  to  do  with  the  killing  of  Senator  Goebel  than 
any  man  on  this  jury. 

Are  you  going  to  believe  Henry  E.  Youtsey,  or  are  you 
going  to  believe  these  other  men?  Before  you  bring  in  a 
verdict  of  guilty  in  this  case,  what  have  you  to  do? 

As  I  said,  to  start  out  with,  if  my  trip  to  Louisville  was  in 
good  faith,  I  am  innocent,  and  if  that  trip  was  in  bad  faith, 
I  am  guilty.  Then  what  are  you  going  to  do  about  it?  You 
have  Youtsey  upon  the  one  hand  swearing  that  my  trip  to 
Louisville  was  in  bad  faith,  and  you  have  R.  N.  Miller,  say- 
ing nothing  of  myself,  and  Walter  Day,  and  W.  J.  Davidson, 
and  Lon  Butler,  and  Jim  Frank  Taylor,  and  E.  U.  Fordyce 
and  E.  Mentz  and  George  W.  Long  and  the  two  telegrams, 
testifying  that  my  trip  to  Louisville  was  in  good  faith. 
What  are  you  going  to  do  about  it?  Are  you  going  to  say 
that  George  W.  Long,  ex-treasurer  of  state,  swore  to  a  lie 
beyond  all  reasonable  doubt,  when  he  said  my  trip  to  Louis- 
ville on  the  thirtieth  of  January  was  in  good  faith,  when  his 
testimony  is  not  contradicted  by  a  living  witness  in  this  case 
except  Henry  E.  Youtsey,  and  by  him  only  indirectly?  Are 
you  going  to  say  that  Lon  Butler  swore  to  a  lie  beyond  a 
reasonable  doubt  when  he  said  that  my  trip  to  Louisville 
was  in  good  faith  ?  Are  you  going  to  say  that  Walter  Day, 
the  ex-treasurer  of  your  state  under  the  Taylor  administra- 
tion, swore  to  a  lie  beyond  a  reasonable  doubt  when  he  said 
my  trip  to  Louisville  was  in  good  faith?  Are  you  going  to 
do  that,  when  the  testimony  of  Long  and  the  testimony  of 
Butler  and  the  testimony  of  Miller,  and  Mentz's  testimony 
and  the  testimony  of  the  two  telegrams  all  sustain,  uphold 
and  corroborate  each  other?  What  are  you  going  to  do  about 
it?  Are  you  going  to  say  that  all  these  men  swore  to  a  lie 
beyond  a  reasonable  doubt  when  their  testimony  is  not  con- 
tradicted by  a  living  witness,  except  Henry  Youtsey?  Their 
testimony  is  not  impeached,  it  is  unimpeachable.  Then  what 
are  you  going  to  do  about  it?  You  have  sworn  that  you 
would  try  this  case  according  to  the  law  and  the  testimony, 
and  if  the  testimony  has  anything  to  do  with  it,  there  is  but 


366         MY  ADDRESS  TO  THE  JURY 

one  possible  verdict  and  that  is  a  verdict  of  not  guilty.  You 
have  either  got  to  say  that  ex-Treasurer  of  State  George 
W.  Long,  Treasurer  of  State  Walter  R.  Day,  J.  L.  Butler,  a 
trusted  traveling  man;  ex-Superintendent  of  Public  Instruc- 
tion W.  J.  Davidson,  ex-County  Attorney  R.  N.  Miller,  Ed 
Mentz,  Jim  Frank  Taylor  and  E.  U.  Fordyce,  all  worthy 
citizens  of  this  state,  and  the  two  telegrams  and  myself,  are 
all  perjured  scoundrels  of  the  Commonwealth  of  Kentucky, 
when  the  testimony  of  all  is  unimpeached  and  is  unimpeacha- 
ble, and  when  they  sustain  and  corroborate  each  other;  or 
you  have  got  to  say  that  Henry  E.  Youtsey  is  a  living  em- 
bodiment of  truth,  honor,  uprightness  and  integrity.  You 
either  have  to  do  that  or  you  are  compelled  to  find  a  verdict 
of  not  guilty  in  this  case.  There  is  no  escape  from  that  con- 
clusion. 

Then  if  you  try  me  by  the  law  and  the  testimony,  and  you 
have  sworn  that  you  will  so  try  me,  I  shall  be  given  my 
liberty.  There  can  be  no  escape  from  it. 

My  friend  Wilson  gave  you  an  able  dissertation  on  the 
testimony  of  Henry  E.  Youtsey.  I  can  not  spend  much  more 
time  on  it;  but  you  take  Youtsey 's  story  itself,  as  to  how 
the  murder  was  committed,  and  on  the  very  face  of  it,  you 
are  bound  to  say  it  is  untrue.  You  are  compelled  to  discover 
its  falsity. 

Colonel  Campbell  said  that  it  did  not  matter  now  whether 
Howard  or  Youtsey  killed  Goebel,  that  I  am  guilty,  if  I  can 
be  criminally  connected  with  either  of  them ;  that  we  can 
take  whichever  horn  of  the  dilemma  we  like.  But  won't  you 
admit,  Colonel  Campbell,  that  if  Youtsey  has  lied  against 
Howard  that  he  is  likely  to  lie  against  me? 

Youtsey  says  that  an  unknown  man  came  with  a  letter 
and  knocked  on  his  office  door  a  few  minutes  before  Goebel 
was  shot  and  said,  "  My  name  is  Howard."  Youtsey  testified 
that  he  said  his  name  was  Youtsey. 

A  lovely  and  attractive  young  lady,  Miss  Annie  Weist,  who 
was  in  an  adjoining  room  to  Youtsey's  little  office,  said  that 
none  of  these  things  occurred.  Howard  said  that  none  of 
them  occurred.  Is  Youtsey's  word  worth  more  with  you 
than  the  sworn  statements  of  Jim  Howard  and  Miss  Weist? 


HOWARD  AND  YOUTSEY  367 

They  had  never  seen  each  other  before.  Howard  was  a 
stranger  in  Frankfort.  Nobody  tells  how  Howard  ever  got 
from  the  Frankfort  depot  to  Youtsey's  office.  It  is  a  wonder 
that  the  prosecution  didn't  have  some  man  like  Cecil  to  say 
that  he  met  Howard  down  at  the  depot  and  took  him  to 
Youtsey's  office ;  but  that  is  a  link  in  the  chain  of  testimony 
for  the  prosecution  that  is  missing.  Howard  is  virtually  an 
unknown  man  in  Frankfort  and  he  goes  to  the  door  of  an 
office  in  the  Executive  Building  and  knocks  and  a  man  opens 
the  door,  and  he  presents  that  man  a  letter.  What  do  you 
think  of  it?  They  introduce  themselves  and  they  talk  no  fur- 
ther. They  go  to  the  glass  door  to  the  private  office  of  the 
secretary  of  state.  Youtsey  goes  around  through  the  recep- 
tion-room and  admits  Howard  to  my  private  office.  Up  to 
that  time  nothing  is  said  by  Howard  about  why  he  is  down 
there.  No  conversation  has  ever  taken  place  as  to  what  the 
object  of  his  mission  is.  What  do  you  think  of  it?  Youtsey 
says  that  he  told  Howard  after  he  got  into  the  room  that 
the  plan  was  to  kill  Mr.  Goebel  from  the  window. 

Is  it  not  a  wonder  that  Howard  did  not  ask  him  why  he 
was  placing  him  under  the  stairway,  and  what  was  the 
necessity  for  his  going  under  the  stairway  if  he  saw  any- 
body, and  what  was  the  reason  for  all  that  'secrecy?  Is  it  not 
a  wonder  that  Howard  did  not  say  to  Youtsey,  "  I've  got  a 
letter  from  Taylor  saying  for  me  to  report  to  you.  What 
does  he  want  ?  "  Taylor  was  certainly  not  fool  enough  to  tell 
Howard  in  a  letter  that  he  wanted  him  to  kill  Goebel.  Yout- 
sey says  that  he  did  not  tell  Howard  anything  about  what 
was  wanted  with  him  until  he  got  him  in  the  room,  and  then 
he  told  him  that  the  plan  was  to  kill  Mr.  Goebel  as  he  came 
up  on  the  sidewalk.  What  do  you  think  of  it?  He  says  that 
Howard  picked  up  the  gun,  and  took  his  bearing,  and  every- 
thing was  proper  and  that  he  was  almost  ready  to  pull  the 
trigger  before  the  thought  struck  Howard,  "  What  am  I  to 
get  for  this?  "  What  do  you  think  of  it?  Youtsey  said,  "  You 
can  get  anything  you  want."  "  I  want  a  pardon  for  blowing 
down  old  George  Baker,"  says  Jim.  "That  is  a  mighty  small 
thing  to  ask,"  says  Youtsey.  "  That  is  all  I  want,"  says  Jim. 
Think  about  it,  men!  Do  you  suppose  Jim  Howard  is  such 


368          MY  ADDRESS  TO  THE  JURY 

a  fool  as  to  come  down  to  Frankfort  and  put  himself  into 
the  office  of  the  secretary  of  state  and  "  blow  down  "  the  Dem- 
ocratic leader  of  the  state  for  the  purpose  of  getting  a  pardon 
for  the  "  blowing  down  "  of  a  man  up  in  Clay  County,  when 
eleven  of  the  jurymen  on  his  second  trial  wanted  to  give  him 
his  liberty  for  avenging  the  assassination  of  his  brother? 
Youtsey  says  that  is  all  Howard  wanted.  Nothing  is  said 
about  a  pardon  from  Governor  Taylor  for  the  killing  of  Mr. 
Goebel.  Nothing  is  said  about  that.  And  no  application  has 
ever  been  made  for  a  pardon,  so  far  as  that  is  concerned,  and 
none  has  been  granted,  if  the  testimony  of  the  Commonwealth 
can  be  relied  upon. 

Do  you  believe  Jim  Howard  would  walk  into  "the  most 
dangerous  trap "  he  ever  saw  and  "  blow  down  "  the  Demo- 
cratic leader  of  the  state  and  get  himself  into  a  greater  trouble 
than  that  he  was  already  in  up  in  Clay  County,  and  want  noth- 
ing for  it,  except  to  get  out  of  the  trouble  in  Clay?  Do  you 
think  that  reasonable?  Howard  said  to  Youtsey,  so  Youtsey 
says,  "  If  any  trouble  comes  of  my  killing  Goebel  we  will 
exchange  affidavits."  Why  the  necessity  of  exchanging  affi- 
davits ?  Why  didn't  Youtsey  say  to  Howard :  "  Never  trouble 
yourself  about  affidavits.  You  have  no  use  for  an  affidavit 
in  this  case.  There  is  never  going  to  be  any  trials  in  this 
matter.  Governor  Taylor  is  going  to  pardon  us  all."  Why 
didn't  Youtsey  say  that  to  Howard  when  Howard  suggested 
the  making  of  affidavits?  My  God,  men,  Howard  down  there 
in  the  commission  of  a  crime  ten-fold  greater  than  the  one 
he  was  charged  with  up  in  Clay  County,  and  all  he  wanted 
was  a  pardon  for  the  "  blowing  down  "  of  George  Baker  up  in 
Clay  County!  That  is  the  only  way  that  Youtsey  could  ex- 
plain why  he  gave  that  affidavit  that  Howard  was  innocent. 
That  is  the  explanation.  Youtsey  felt  called  on  to  say  why 
he  has  given  that  affidavit.  What  else?  Youtsey  says  that 
Howard  laid  out  a  number  of  big  horse-pistols  on  the  sill  of 
the  window  and  said :  "  When  I  shoot  Mr.  Goebel,  I  am 
going  to  fire  a  dozen  shots  from  all  these  pistols  and  am 
going  to  make  them  believe  there  are  a  dozen  men  here." 
That  is  the  way  the  prosecution  has  of  explaining  the  addi- 
tional shots.  What  could  have  been  Howard's  idea  for 


YOUTSEY'S  STRANGE  CONDUCT      369 

that?  What  could  have  been  Howard's  idea  for  calling 
attention  to  the  place  from  which  the  fatal  shot  was  fired 
by  firing  from  his  pistols  four  or  five  more  shots? 
It  is  a  silly  proposition,  a  nonsensical  proposition.  Then 
you  say,  how  were  the  shots  fired?  I  say  I  don't  know 
anything  about  it;  but  if  the  testimony  of  the  prosecution  can 
be  relied  upon,  it  looks  very  much  as  if  Youtsey  fired  those 
pistol  shots  on  the  way  to  the  basement  of  the  Executive 
Building,  after  firing  the  shot  which  resulted  in  the 
death  of  Senator  Goebel.  George  Barnes  tells  you  that  he 
smelled  smoke  in  the  hallway  of  the  Executive  Building. 
Smoke  always  goes  up,  never  down.  It  might  have  come 
up  the  steps  into  the  hallway  of  the  Executive  Building.  The 
truth  is  that  Youtsey  did  have  a  pistol  in  his  hand  when  he 
came  around  through  the  basement  into  the  governor's 
office.  I  say  I  do  not  know  anything  about  these  things,  but 
reason  dictates  that  it  must  have  been  that  way. 

Then  there  is  another  thing  about  Youtsey's  story,  that 
brands  it  as  a  falsehood.  Youtsey  says  Howard  recognized 
Goebel  down  at  the  gate  and  Youtsey  says  he  ran  out  of  the 
room.  If  Howard  recognized  Goebel  at  the  gate,  Howard 
knew  Goebel  and  it  was  not  necessary  for  Youtsey  to  stay 
in  the  room  to  point  him  out.  If  Youtsey  did  not  fire  the 
fatal  shot  himself,  why  is  it,  pray  tell  me,  that  he  didn't  step 
over  into  the  auditor's  office  or  into  the  reception-room 
and  be  with  a  number  of  individuals  who  could  swear  that  he 
did  not  fire  the  shot  that  resulted  in  the  death  of  Senator 
Goebel?  Why  didn't  he  do  that  if  he  didn't  fire  the  fatal  shot 
himself?  Why  is  it  that,  after  the  fatal  shot  was  fired,  Yout- 
sey says  he  became  panic-stricken  and  ran  down  through  the 
basement  into  the  barber-shop  and  into  the  hands  and  pres- 
ence of  those  who  opposed  him  politically?  What  was  the 
necessity  for  Youtsey  to  be  scared  if  everybody  in  the  Execu- 
tive Building  was  implicated  in  the  murder  of  Senator  Goebel  ? 
Why  did  he  run  into  the  bosom  of  his  foes  instead  of  into 
the  bosom  of  his  friends?  Why  does  he  run  so  much  from 
those  in  the  Executive  Building,  if  they  are  his  friends,  and 
if  they  indorsed  the  murder  of  Senator  Goebel?  Think  about 
it,  gentlemen. 


370          MY  ADDRESS  TO  THE  JURY 

What  means  all  this  talk  about  smokeless  powder,  if  Howard 
fired  out  of  the  room  a  number  of  pistol  shots,  with  ordinary 
black  powder,  as  Youtsey  says  he  did?  Why  was  it  necessary 
for  Taylor,  on  the  twenty-sixth  of  January,  to  dictate  a  letter 
to  Youtsey  to  be  sent  to  Jim  Howard,  some  two  hundred 
miles  away,  to  come  to  Frankfort  for  the  purpose  of  killing 
Goebel,  when  Hockersmith  and  Johnson  and  Youtsey  were 
daily  seeking  an  opportunity  to  kill  Goebel,  if  Youtsey  can  be 
believed?  Why  the  necessity  of  sending  for  Jim  Howard 
to  come  and  kill  Goebel,  if  the  whole  State  House  Square 
was  filled  with  desperate  mountain  assassins?  That  is  what 
the  prosecution  claims,  and  yet  out  of  all  the  bad  mountain 
men  in  Frankfort,  none  was  bad  enough  to  kill  Mr.  Goebel, 
and  Howard  had  to  be  sent  for,  if  the  prosecution  can  be 
relied  upon.  Why  didn't  Taylor  send  a  messenger  after 
Howard  instead  of  sending  a  letter?  That  letter  might  speak 
in  thunder  tones  against  him  some  time.  The  reason  why 
the  letter  idea  was  relied  upon  by  the  prosecution  in  prefer- 
ence to  the  messenger  idea,  is  that  the  falsity  of  the  messenger 
idea  could  be  exposed.  The  messenger  would  have  been  com- 
pelled to  ride  on  trains,  stop  at  hotels  and  come  into  con- 
tact with  people.  But  no  such  opportunity  was  given 
the  defense  to  expose  the  letter  idea.  Many  thousands  of 
letters  pass  through  the  hands  of  the  postal  authorities  daily. 
None  of  them  could  testify  with  any  degree  of  accuracy, 
whether  Taylor  wrote  to  Howard  on  the  twenty-sixth  of 
January,  or  Howard  wrote  Taylor,  or  neither  to  the  other. 
Youtsey  said  that  he  took  the  letter  from  Taylor  to  Howard 
down  in  short-hand  and  transcribed  it  and  gave  it  to  Taylor. 
He  did  not  give  his  short-hand  notes  to  Taylor.  Where  are 
his  short-hand  notes  containing  this  letter?  Why  have  they 
never  been  produced  in  court?  The  production  of  the  short- 
hand notes  would  be  evidence  that  the  letter  was  written. 
Where  are  they?  Echo  answers,  where? 

Gentlemen  of  the  jury,  I  would  like  to  call  your  attention 
to  a  great  many  more  things  concerning  Henry  E.  Youtsey, 
but  I  shall  weary  your  patience  with  but  a  few  more  of  them. 
I  want  to  call  your  attention  to  this  agreement,  which  was 
made  down  at  Louisville  between  Henry  E.  Youtsey  and 


QUESTIONS  FOR  THE  STATE         371 

myself,  and  give  you  my  reasons  for  doing  that,  and  I  ask 
you  to  put  yourselves  in  my  place  and  see  what  you  would 
have  done  under  like  circumstances.  Suppose,  Mr.  Booth, 
that  the  prosecution  in  this  case  had  charged  you  with  the 
murder  of  Mr.  Goebel,  as  they  have  charged  me,  and  that 
you  were  exactly  in  my  place.  Suppose  that  it  had  long 
been  the  contention  tof  the  prosecution  that  the  shot  which 
murdered  Senator  Goebel  had  been  fired  from  your  office,  as 
they  claim  it  was  fired  from  mine.  Suppose,  as  a  matter  of 
fact,  that  Henry  E.  Youtsey  was  seen  to  run  down  the  stair- 
way and  through  the  basement  immediately  after  the  fatal 
shot  was  fired,  and  suppose  it  was  the  claim  of  the  prosecu- 
tion that  you  had  given  Henry  E.  Youtsey  a  key  to  the  office 
for  the  purpose  of  having  the  murder  committed  from  there. 
They  had  convicted  you  on  two  former  trials  on  that  plea. 
You  had  not  done  it,  as  it  turns  out  now  in  this  case; 
neither  myself  nor  my  brother  gave  Youtsey  the  key  to  enter 
that  office  on  the  thirtieth  of  January,  if  the  prosecution  can 
be  relied  upon ;  but,  suppose  they  were  pretending  you  had 
done  that  at  the  time  you  got  the  agreement  from  Youtsey, 
and  had  on  former  occasions  asked  that  you  be  hanged  for 
doing  that  very  thing.  Suppose  it  was  a  known  fact  that 
within  a  few  hours  after  Youtsey  had  been  arrested  he  had 
made  a  confession  in  the  case  which  was  false ;  that  he  had 
implicated  innocent  men ;  that  he  had  told  Arthur  Goebel 
that  Berry  Howard  and  "  Tallow  Dick "  Combs  were  in  the 
room,  and,  relying  upon  the  truth  of  his  statements,  Mr. 
Goebel  was  trying  to  get  at  the  men  who  had  killed  his 
brother  (and  I  don't  blame  him  for  that,  and  neither  does  any- 
body else)  ;  but  suppose  Youtsey  had  done  that,  and  innocent 
men  had  been  dragged  into  the  matter  by  reason  of  Youtsey's 
lies. 

Suppose,  when  your  trial  came  up  in  1900,  that  there  were 
days  and  days  that  Youtsey  was  trying  to  make  a  deal  with  the 
Commonwealth's  attorneys  and  the  prosecution  for  immunity, 
if  he  would  testify.  Suppose  that  deal  was  almost  consum- 
mated at  one  time.  Suppose  that,  when  Youtsey's  own  trial 
came  up,  instead  of  Youtsey  testifying  in  his  own  behalf, 
he  had  "  conniption "  fits,  and  lay  on  a  cot,  apparently 


372          MY  ADDRESS  TO  THE  JURY 

unconscious,  for  days  during  his  trial.  Suppose  all  these 
things,  and  suppose  that  after  he  got  down  to  Louisville  he 
gave  up  his  fight  and  said  he  was  not  going  to  carry  his  case 
any  further.  He  had  contended  to  you  all  the  way  through 
that  he  was  innocent ;  that  he  knew  nothing  about  the  murder 
of  Mr.  Goebel;  that  he  did  not  know  anything  about  where 
the  shot  was  fired  from,  or  who  fired  it ;  that  he  did 
not  know  anything  about  it  at  all.  Suppose  he  had  made 
these  statements  to  you,  as  he  had  made  them  to  me,  and 
after  he  got  down  to  Louisville,  he  said :  "  I  am  going  to  give 
up  my  fight ;  I  am  going  to  the  penitentiary  for  life.  I  am  not 
guilty,  but  I  am  not  going  to  risk  my  life  any  more."  Sup- 
pose you  knew  that  he  was  going  down  there  into  that  living 
hell,  the  penitentiary  of  this  state,  and  suppose  you  knew  that 
the  prosecution  claimed  that  Youtsey  was  the  key  to  the  con- 
spiracy and  that  he  could  unravel  everything.  Suppose  you 
knew  he  could  easily  implicate  you  by  saying  he  had  got 
a  key  from  you  to  get  into  your  office.  He  didn't  do  it,  and 
it  turns  out  now  that,  as  against  me,  he  didn't  do  that.  But 
how  easily  he  could  have  said  he  did  get  it,  and  how  dangerous 
to  you  such  a  statement  would  have  been.  Suppose  you  sug- 
gested to  him :  "  Youtsey,  you  are  going  down  to  the  peni- 
tentiary. In  all  probability  they  will  make  it  pretty  hard  for 
you  and  I  would  like  you  to  sign  a  statement  which  is 
true  that  you  never  had  any  connection  with  me  so  far  as  the 
killing  of  Mr.  Goebel  was  concerned."  Youtsey  says :  "  All 
right,  I  will  do  it;  I  will  sign  the  affidavit.  I  signed  an  affi- 
davit for  Jim  Howard  a  few  days  ago  and  I  am  perfectly 
willing  to  sign  yours.  Go  draw  it  up."  And  suppose  you 
do  go  and  draw  it  up  and  he  says :  "  I  don't  believe  I  will  sign 
it  until  I  consult  my  attorneys,  and  whatever  my  attorneys  say 
about  it  is  all  right."  Suppose  he  writes  up  to  L.  J.  Craw- 
ford, his  half-brother,  who  defended  him,  and  his  half-brother 
knew  all  of  his  secrets,  knew  that  he  knew  nothing  against 
you,  and  his  half-brother  agreed  that  he  could  sign  and  swear 
to  the  affidavit  and  his  half-brother  sent  it  back  to  him  for  him 
to  sign  and  after  he  got  it  back  he  says :  "  I  won't  sign  that 
paper."  Youtsey  thinks  in  his  mind :  "  I  have  been  side- 
tracking the  prosecution  all  the  way  through.  I  thought  I  had 


YOUTSEY'S  AFFIDAVIT  373 

them  side-tracked  before  they  arrested  me,  and  I  have  side- 
tracked them  into  the  prosecution  of  innocent  men,  Dick 
Combs  and  Berry  Howard.  I  had  a  "  conniption  "  fit  and  side- 
tracked the  jury.  I  am  as  great  an  actor  as  Booth  ever  was. 
It  may  be  that  when  I  get  to  the  penitentiary  I  may  want  to 
get  out  or  get  an  easy  job  in  there."  Suppose  he  didn't  know 
anything  against  you.  You  are  innocent,  but  what  would  you 
do?  Would  you  not  try  to  get  an  affidavit  from  Youtsey  ex- 
culpating you,  even  though  he  did  not  know  anything  against 
you,  when  most  of  the  testimony  against  you  was  false 
statements  of  alleged  conspirators,  swearing  for  immunity? 
That  is  what  I  did,  but  he  would  not  sign  the  affidavit  unless 
I  would  agree  that  he  (Youtsey)  would  waive  the  truth  or 
falsity  of  what  he  was  to  swear  to,  and  I  refused  to  take  it 
under  those  terms  for  a  few  days ;  I  didn't  want  it  that  way ; 
I  wanted  a  clear-cut  affidavit  without  the  waiving  of  anything; 
but  I  could  not  get  it;  Youtsey  would  not  give  it  to  me,  but 
he  said,  "If  you  will  let  me  write  that  agreement  here  I  will 
sign  the  affidavit,"  and  he  writes  this  agreement: 

"  This  agreement,  made  and  entered  into  this  twenty-sixth 
day  of  January,  1901,  by  and  between  Caleb  Powers,  now 
under  conviction  as  a  conspirator,  and  Henry  E.  Youtsey, 
under  conviction  as  a  principal  in  the  murder  of  Governor 
Goebel. 

"  Witnesseth,  that  for  the  purpose  only  of  enabling  the  said 
Powers  to  clear  himself  of  all  connection  with  said  murder, 
the  said  Youtsey  agrees  to,  and  does,  sign  and  swear  to  the 
following  affidavit,  waiving  its  truth  or  falsity." 

I  do  not  waive  anything.  I  do  not  agree  to  waive  any- 
thing. Youtsey  was  the  man  who  was  waiving  the  truth  or 
falsity  of  that  affidavit,  and  not  I.  I  thought  it  would  be 
better  for  me  to  get  an  affidavit  from  Youtsey  of  that  charac- 
ter than  to  get  none  at  all.  I  may  have  made  a  mistake  about 
it.  All  people  in  this  world  do  make  mistakes,  but  this 
was  my  notion  about  it:  If  Youtsey  signed  this  affidavit 
and  ever  turned  up  in  court  to  testify  against  me,  as  it  was 
said  by  everybody  that  he  would  some  time  become  a  star- 
witness,  I  thought  it  better  to  have  Youtsey  swearing  on  both 
sides  of  the  case.  I  could  show  if  he  ever  did  swear  at  any 


374          MY  ADDRESS  TO  THE  JURY 

time  that  I  was  guilty,  that  at  another  time  he  swore  I  was 
innocent,  and  no  jury  can  believe  a  man  who  swears  on  both 
sides  of  any  case.  That  was  my  idea  and  those  are  the  reasons 
why  I  took  the  affidavit  under  those  conditions.  I  may  have 
made  a  mistake.  We  are  all  short-sighted,  weak,  human  be- 
ings, and  all  liable  to  err  and  I  may  have  made  that  mistake, 
but  I  don't  think  I  did.  I  did  not  think  I  was  making  a  mis- 
take then;  I  do  not  think  it  now.  Youtsey  is  not  the  only 
man  from  whom  I  have  got  a  statement,  before  he  left  the 
Georgetown  jail  for  the  penitentiary.  Jim  Jackson,  Bob 
Bronhom,  Riley,  Binkley,  Burley  and  many  others  have  given 
me  statements  before  leaving  for  the  penitentiary,  to  the  effect 
that  I  had  not  said  anything  in  their  presence  while  in  jail  even 
tending  to  show  that  I  had  the  remotest  knowledge  of  the 
killing  of  Goebel.  I  knew  that  these  men  were  going  to  a  liv- 
ing tomb  and  I  did  not  know  but  what  some  of  them  might  be 
induced  to  testify  against  me  in  the  hope  of  getting  out.  I 
thought  the  same  thing  about  Youtsey,  and  took  his  statement. 
I  was  guarding  against  possible  perjury. 

Now,  a  few  more  things  in  regard  to  Youtsey.  Mr.  Hen- 
drick  asserted  that  when  Youtsey  was  at  my  office  window 
with  a  gun  on  Saturday,  January  twenty-seventh,  just  after 
the  Berry-VanMeter  contest,  I  was  trying  to  get  Yout- 
sey in  a  compromising  position ;  that  I  was  trying  to  manufac- 
ture evidence  for  myself;  that  I  was  a  Dr.  Jekyll  and  Mr. 
Hyde;  that  I  did  not  care  what  testimony  they  had  against 
Youtsey ;  that  I  expected  to  be  able  to  say  in  the  future,  if  I 
needed  to  say  it,  that  I  advised  Youtsey  against  violence 
and  bloodshed  and  all  that  kind  of  business ;  and  that  I  went 
and  got  McKenzie  Todd  to  talk  to  Youtsey,  not  for  the 
purpose  of  preventing  Youtsey  from  doing  violence,  but  for 
the  purpose  of  manufacturing  testimony  for  myself.  Why, 
if  the  assertions  of  these  gentlemen  can  be  relied  upon,  I 
was  the  last  man  in  all  the  world  to  need  testimony,  because 
it  is  their  contention  that  the  killing  of  Mr.  Goebel  was  going 
to  settle  the  contests  and  give  the  Republicans  their  offices. 
If  that  contention  upon  the  part  of  the  prosecution  is  true, 
I  am  the  last  man  in  all  the  state  of  Kentucky  to  need  testi- 
mony. And  from  another  standpoint,  do  you  think  I  would 


DID  NOT  ACT  DOUBLE  PART          375 

go  into  the  thing  if  I  thought  I  would  need  testimony  or  that 
I  was  ever  going  to  be  called  up  in  court  about  it?  If  I  was 
ever  going  to  be  called  up  in  court  about  it  I  would  lose  my 
office,  the  very  thing  for  which  I  was  contending,  and  for 
the  purpose  of  holding  which,  these  gentlemen  allege,  I  entered 
into  a  conspiracy  to  murder  Goebel.  They  say  I  was  acting 
a  double  part  when  I  went  to  my  office,  where  I  had  a  right 
to  go,  and  where  duty  called  me.  I  happened  to  find  Youtsey 
in  there.  He  was  there  without  my  permission  or  authority, 
if  his  own  testimony  can  be  believed."  I  said  to  him:  "What 
are  you  doing  at  that  window  with  a  gun  ?  "  What  ought  I 
to  have  said  to  him?  And  when  he  didn't  give  me  the  satis- 
faction I  demanded,  I  went  to  get  somebody  to  talk  to  him. 
I  found  Todd.  Counsel  for  the  prosecution  says  I  ought  to 
have  kicked  him  out  of  my  office.  I  answer  it  has  never 
been  my  custom  in  life  to  try  to  control  men  by  brute  force, 
and  I  simply  went  and  got  Mack  Todd  to  talk  to  him  and  he 
did  go  in  and  talk  to  him. 

Why,  if  it  were  a  conspiracy  for  Henry  Youtsey  to  be  at 
my  window  with  a  gun,  was  it  not  another  conspiracy 
for  him  to  have  been  at  another  office  window  with  a  gun? 
If  it  was  a  conspiracy  on  my  part  to  happen  to  see  Henry 
Youtsey  at  my  private  office  window  with  a  gun,  why  was 
it  not  a  conspiracy  on  the  part  of  Mack  Todd  and  George 
Hemphill  and  these  other  people  who  happened  to  see  Youtsey 
at  another  office  window  with  a  gun?  Is  it  more  of  a  crime 
on  my  part  to  have  seen  him  at  one  window  with  a  gun  than 
it  was  for  Todd  and  Day  and  Stone  and  Hemphill  and  others 
to  have  happened  to  see  him  at  another  window  with  a 
gun?  None  of  these  men  ever  went  and  got  anybody  to 
talk  to  Youtsey  in  order  that  he  might  be  dissuaded  from 
his  rashne'ss.  None  of  them  has  ever  been  charged  with  the 
murder  of  Senator  Goebel,  or  with  procuring  Youtsey  to  kill 
Senator  Goebel.  I  did  get  McKenzie  Todd  to  dissuade  Yout- 
sey from  indiscreet  conduct.  Colonel  Hendrick,  in  trying 
to  convince  the  jury  and  the  country  that  I  am  guilty,  said: 
"If  Powers  is  not  guilty,  why  was  he  indicted?  Nobody  has 
heard  of  Mr.  Day,  John  S.  Sweeney,  Clifton  J.  Pratt,  John 
Burke  and  other  state  officials,  who  were  on  the  same  ticket 


376          MY  ADDRESS  TO  THE  JURY 

with  Powers,  being  indicted."  Yes ;  that  is  true,  and  it  is 
further  true  that  Youtsey  was  the  private  stenographer  of 
John  S.  Sweeney  and  got  out  of  the  vault  of  his  office 
the  rifle  with  which  Goebel  is  alleged  to  have  been  killed. 
It  is  further  true  that  Youtsey,  from  a  desk  in  the  auditor's 
office,  was  ordering  smokeless  powder  cartridges  and  having 
talks  with  Dr.  Johnson  and  entering  into  conspiracies  with 
the  negro,  Hockersmith,  to  kill  Goebel,  and  saying  to  Day 
that  if  he  had  three  hundred  dollars  he  could  settle  the  con- 
test. Nobody  ever  heard  of  Mr.  Sweeney  advising  with 
Youtsey.  Youtsey  said  to  John  Ricketts  in  the  office  of  Lucas 
Moore,  commissioner  of  agriculture,  that  his  job  depended 
on  Goebel's  death.  It  was  there  where  Youtsey  said  to  Cul- 
ton  that  he  had  the  slickest  scheme  yet  to  kill  Goebel.  It 
was  there  where  all  the  guns  were  stacked.  Nobody  has 
ever  heard  of  Lucas  Moore's  being  charged  with  the  murder 
of  Mr.  Goebel.  Nobody  has  ever  heard  of  Sweeney,  or  Pratt, 
or  Burke,  or  Throckmorton,  or  Day,  or  any  of  the  rest  of 
the  state  officials  trying  to  put  on  foot  a  plan  to  ferret  out 
the  Goebel  murder.  I  did  that.  Does  that  make  me  more 
guilty  than  they  ?  None  of  them  ever  employed  J.  B.  Matthews 
and  sent  him  to  see  Miss  Weist,  who  was  in  an  adjoining 
room  when  the  murder  occurred,  to  see  what  she  knew 
about  his  condition.  I  did  that.  Does  that  make  me 
more  guilty  than  they?  None  of  them  went  to  John  and 
William  Sweeney,  Jr.,  and  Grant  Roberts,  who  were  em- 
ployed in  the  same  office  with  Youtsey,  and  who  were  likely 
to  know  of  his  conduct  and  actions,  and  say  to  them :  "  Yout- 
sey's  actions  have  been  suspicious.  I  think  the  guilty  ones 
connected  with  the  murder  of  Mr.  Goebel  should  be  exposed." 
I  did  that.  Is  such  conduct  as  that  proof  of  my  guilt,  and 
proof  of  their  innocence?  None  of  them  ever  said  to  J.  B. 
Matthews  and  McKenzie  Todd  and  others,  that  he  felt  that 
a  full  and  complete  investigation  should  be  made  of  Goebel's 
murder.  I  did  that.  Does  that  make  me  more  guilty  than 
they?  None  of  them  ever  called  in  Detective  Griffin,  of  Som- 
erset, Kentucky,  at  the  instance  of  J.  B.  Matthews  and  George 
Hemphill,  and  put  him  to  work  on  the  case,  under  the  assur- 
ance that  he  was  an  honest  detective  and  would  let  the  facts 


WHAT  I  DID  377 

remain  as  he  found  them.  I  did  that.  Is  that  proof  of  my 
guilt?  None  of  them  tried  to  get  the  Louisville  defense  com- 
mittee, through  counsel,  to  set  apart  a  portion  of  that  money 
to  pay  detectives  to  unearth  the  murderer  of  Mr.  Goebel. 
I  did  that.  Is  that  a  circumstance  against  me?  None  of 
them,  failing  in  that,  said  to  Detective  T.  R.  Griffin,  to  go 
ahead  with  the  work,  expose  the  guilty,  if  he  could,  and  get 
his  pay  from  the  reward  commission.  I  did  that.  Will  you 
find  me  guilty  for  doing  that? 

None  of  them  ever  sent  J.  B.  Matthews  to  Indianapolis 
to  see  Charles  Finley  and  ask  if  he  knew  anything  about  the 
two  missing  keys  to  the  glass  door  of  the  private  office  of 
the  secretary  of  state,  that  they  might  know  whether  or  not 
they  were  used  in  connection  with  Goebel's  murder.  I  did 
that.  None  of  them  ever  went  to  Governor  W.  O.  Bradley 
and  Judge  Yost  and  said  to  them,  "  We  have  been  investigat- 
ing the  Goebel  murder,"  and  that  they  believed  they  would 
go  and  lay  before  Mr.  Franklin,  the  Commonwealth's  at- 
torney, all  the  facts  in  their  possession,  to  the  end  that  the 
guilty  might  be  exposed  and  apprehended.  I  did  that.  And 
yet  Colonel  Hendrick  asked :  "  Why  did  they  charge  me 
with  the  Goebel  murder  and  did  not  charge  the  other  state  offi- 
cials ?  "  I  am  sure  that  none  of  the  state  officials  he  named 
had  the  remotest  connection  with  Goebel's  murder,  but  none 
of  them  is  more  innocent  than  I.  So  far  as  the  testimony 
appears,  McKenzie  Todd  and  myself  are  the  only  ones  who 
tried  to  dissuade  Youtsey  from  his  rashness  before  Goebel 
was  killed,  and  Todd  did  that  on  two  occasions  at  my  instance, 
once  on  the  Saturday  before  Goebel  was  killed,  when  Youtsey 
was  in  my  private  office  with  a  gun,  and  once  on  the  Monday 
morning  before  the  killing,  in  the  hallway  of  the  Executive 
Building.  Both  McKenzie  Todd  and  myself  testified  to  these 
things.  No  Republican  official  at  Frankfort,  as  far  as  the 
testimony  appears,  spent  his  means  in  trying  to  expose  Goe- 
bel's murderers.*  I  did  that,  and  yet  they  say  I  am  guilty. 
If  every  man  should  be  indicted  before  whom  Youtsey  did  an 
indiscreet  act,  why  don't  you  indict  Walter  Day,  McKenzie 
Todd,  George  Hemphill,  S.  B.  Stone,  R.  N.  Miller,  John 
Ricketts,  Grant  Roberts,  Frank  Johnson  and  many  others? 


378          MY  ADDRESS  TO  THE  JURY 

Whatever  I  do,  and  wherever  I  go,  and  whatever  I  say, 
these  men  construe  the  act  against  me.  If  I  go  up  the  road, 
they  say  I  ought  to  have  gone  down.  If  I  say  one  thing,  they 
say  I  ought  to  have  said  another.  If  I  do  one  thing,  they  say 
I  ought  to  have  done  another.  They  say  when  Burton  was 
in  my  office  at  that  meeting,  making  an  incendiary  speech, 
that  I  called  him  down  and  said  if  violence  is  to  be  contem- 
plated, and  if  this  meeting  has  for  its  object  the  murder  of 
anybody,  I  propose  to  withdraw  from  this  meeting  and  have 
nothing  further  to  do  with  it  Colonel  Hendrick,  in  his  argu- 
ment for  the  prosecution,  says :  "  The  idea  of  Powers'  say- 
ing that  he  would  withdraw  and  have  nothing  further  to 
do  with  the  meeting!  The  idea  of  Powers'  resigning  his 
office !  The  idea  of  Powers'  going  home ! "  He  says  it 
is  a  ridiculous  proposition.  What  if  I  had'  done  anything 
else  on  that  occasion  than  what  I  did?  What  if  I  had  come 
to  the  conclusion  that  the  meeting  was  being  held  in  my  office 
and  that  the  people  who  were  assembled  in  that  office  occu- 
pied the  relations  of  one's  guests  and  that  I,  therefore,  should 
say  nothing,  even  if  they  were  indiscreet,  what  would  the 
prosecution  have  said  in  that  instance?  They  would  have  said 
that  I  indorsed  Burton's  conduct  by  not  getting  up  and  say- 
ing that  I  would  not  stand  for  anything  of  that  kind.  What 
if  I  had  sat  quietly  by  and  said  nothing?  They  would  have 
said  that  I  indorsed  every  word  that  Burton  said,  and  rejoiced 
at  it  in  my  heart.  When  I  did  call  him  down;  when  I  did 
tell  him  that  I  did  not  propose  to  be  a  party  to  such  a  thing 
as  that,  these  men  say  that  I  was  acting  a  double  part  and 
that  I  didn't  mean  it.  It  is  be  damned  if  you  do,  and  be 
damned  if  you  don't.  Whatever  road  I  take,  wherever  I  go, 
these  men  say  I  am  acting  a  double  part.  Mr.  Hendrick 
said  that  because  I  testified  on  the  witness-stand  with  calm- 
ness and  deliberation  I  was  swearing  to  lies.  What  if  I 
had  testified  in  any  other  way?  What  if  I  had  been  darting 
and  scouring  over  that  platform  and  jumping  at  every  propo- 
sition? They  would  have  said:  "Of  course  he  is  guilty." 
Whatever  I  do,  they  ask  you  to  find  me  guilty  for  it.  Down 
in  Louisville,  when  I  am  alleged  to  have  said  to  Golden: 
"  I  have  made  a  mistake  in  coming  down  here ;  let  us  go  back 


SUSPICIOUS  OBJECTIONS  379 

to  Frankfort  on  the  first  train  —  that  was  the  thirtieth  of 
January  —  they  say  I  said  that  because  I  had  made 
a  mistake  in  leaving  Frankfort  the  day  that  Senator  Goebel 
was  killed,  and  that  the  thing  to  do  was  to  return  to  Frank- 
fort on  the  first  train.  What  if  I  had  remained  in  Louisville, 
what  would  they  have  said?  They  would  have  said:  "He 
was  afraid  to  go  back  where  the  bloodshed,  assassination  and 
murder  had  been  done  in  his  absence."  They  say  I  am  guilty 
because  I  left  my  office  on  the  morning  before  Senator  Goebel 
was  killed  and  doubly  guilty  because  I  returned  to  it  after 
he  was  killed.  So,  whatever  I  do,  they  ask  you  to  convict 
me  for  it.  After  the  shooting  was  over  I  began  to  make  in- 
vestigations as  to  who  fired  the  shot  that  resulted  in  the 
death  of  Senator  Goebel,  but  I  believe  I  am  not  permitted 
to  speak  as  to  that,  because  the  prosecution  objected  to  that 
evidence  and  it  was  sustained. 

When  Grant  Roberts  was  put  on  the  witness-stand  and 
the  question  was  put  to  Roberts :  "  Is  it  not  true  that  you  had 
a  talk  with  Caleb  Powers  in  his  office  after  Senator  Goebel 
was  killed,  and  is  it  not  true  that  he  said  to  you  on  that  occa- 
sion :  '  They  are  claiming  this  shot  came  from  my  office ;  I  am 
satisfied  it  did  not,  but  I  want  you  to  make  all  the  investiga- 
tion in  your  power  to  unearth  the  guilty  and  to  uncover  the 
truth '  ?"  and  there  came  from  the  side  of  the  prosecution  a 
chorus  of  objections  to  Grant  Roberts'  answering  that  ques- 
tion. Why  did  they  object  to  my  showing  I  did  what  I  could, 
lent  all  the  assistance  I  could,  to  unearth  Goebel's  murderer? 
Mr.  Hendrick  said  yesterday  that  I  had  talked  with  Gov- 
ernor Bradley  and  Judge  Yost  about  it.  I  did  have  a  talk  with 
Governor  Bradley  and  Judge  Yost  about  going  to  Mr.  Frank- 
lin and  laying  before  him  all  the  facts  I  had  found  out  with 
reference  to  the  killing  of  Mr.  Goebel.  They  say  I  was  act- 
ing a  double  part ;  that  I  was  trying  to  take  suspicion  from 
myself,  and  when  Mack  Todd  was  put  upon  the  witness-stand 
and  asked  this  question :  "  Todd,  did  you  have  any  conversa- 
tion with  this  defendant,  after  Mr.  Goebel  had  been  killed, 
in  the  hallway  of  the  Executive  Building,  and  did  he  say  to 
you  upon  that  occasion  that  they  were  claiming  the  shot  came 
from  his  office,  and  that  he  wanted  you  to  do  all  in  your 


380          MY  ADDRESS  TO  THE  JURY 

power  to  ascertain  the  truth  of  it ;  that  so  far  as  he  was  con- 
cerned, he  had  nothing  to  fear,  and  that  he  wanted  a 
full  investigation  of  the  affair  ? "  There  came  a  chorus  of 
objections  from  the  side  of  the  prosecution.  Why  object? 
why  do  they  keep  it  from  you,  that  I  did  whatever  I  could 
to  unearth  the  murderer  of  Senator  Goebel,  and  that  I  em- 
ployed Matthews  to  help  run  the  murderer  down?  Why  ob- 
ject to  my  exposing  the  guilty?  If  I  had  been  implicated 
with  Youtsey,  I  certainly  would  not  have  been  trying  to  ex- 
pose his  guilt,  because,  in  that  event,  I  would  be  exposing 
my  own  guilt.  Cecil  said  that  on  Monday  night,  before  Goe- 
bel was  killed,  I  said  that  there  was  a  fellow  across  the 
hall  (meaning  Youtsey)  who  wanted  to  kill  Goebel  the  other 
day,  and  that  I  would  not  let  him  do  it,  because  I  was  afraid 
to  trust  him.  Youtsey  said  that  I  was  telling  him  on  the 
morning  of  the  same  day  that  I  was  not  afraid  to  trust  him, 
and  was  planning  with  him  to  have  the  shot  fired  from  that 
office.  Cecil  testified  that  I  was  alone  when  I  said  that  to 
him.  Youtsey  testified  that  I  was  alone  when  I  said  that 
to  him.  The  testimony  of  the  one  contradicts  the  other. 

Cecil  is  under  indictment,  and  is  swearing  for  immunity. 
Youtsey  is  in  the  penitentiary  of  this  state,  and  is  trying  to 
swear  his  way  to  liberty.  The  law  challenges  the  testimony 
of  them  both,  and  says  that  it  can  not  be  believed  unless  it 
is  corroborated.  They  contradict  each  other.  McKenzie 
Todd,  who  was  formerly  a  witness  for  the  prosecution,  told 
you  that  both  he  and  I  were  trying  to  prevent  Youtsey  from 
doing  acts  of  violence  the  Saturday  before  Goebel  was  killed, 
and  that  on  the  same  Monday  morning,  when  Youtsey  says 
I  was  indorsing  murder,  when  I  was  alone  with  him, 
Todd  tells  you  /that  both  he  and  I  were  advising  Youtsey 
against  rashness,  and  that  he  did  it  at  my  instance.  The  testi- 
mony is  that  I  happened  to  meet  Youtsey  in  the  hallway  that 
morning,  and  that  he  wanted  to  enter  my  office,  and  remember- 
ing what  his  conduct  had  been  on  the  Saturday  before,  I  went 
and  got  Todd  to  talk  to  him  again.  Todd  knew  him  well. 
These  were  the  only  occasions  I  ever  came  in  contact  with 
Youtsey,  except  when  I  took  the  oath  of  office  on  the  first 
of  January,  1900.  I  scarcely  knew  Youtsey.  If  Youtsey  can 


YOUTSEY  ARRAIGNED  381 

be  believed,  he  is  the  man  who  was  seeking  Goebel's  death, 
not  I.  It  was  Youtsey,  with  Dr.  Johnson,  who  first  talked 
of  the  murder  of  Mr.  Goebel.  It  was  Youtsey  who  said  that 
Johnson  wanted  to  kill  him  from  the  very  start,  and  that  the 
start  was  when  Johnson  came  before  Youtsey  to  be  sworn 
to  an  affidavit.  It  was  Youtsey,  with  Johnson,  who  searched 
through  a  vacant  room  on  the  second  floor  of  the  Executive 
Building,  hunting  a  place  from  which  to  kill  Goebel.  It  was 
Youtsey,  with  Dr.  Johnson,  who  examined  the  hallway  win- 
dows and  doors  of  the  Executive  Building  in  search  of  a  suita- 
ble place  from  which  to  fire  the  shot.  It  was  Youtsey, 
with  Johnson,  who  examined  the  private  office  of  the  secre- 
tary of  state,  when  I  was  in  the  mountains  of  Kentucky, 
with  the  view  of  firing  the  shot  from  there.  It  was 
Youtsey,  with  Johnson,  who  decided  that  that  office  was  the 
place  from  which  to  fire  the  shot  It  was  Youtsey  who 
ordered  smokeless  powder  cartridges  from  Cincinnati,  with 
which  to  kill  Goebel,  on  the  twenty-second  of  January,  when 
I  was  in  the  mountains  of  Kentucky.  It  was  Youtsey  who 
told  Johnson  that  the  cartridges  go  with  the  gun,  after  he 
had  received  them  from  Powell,  Clements  and  Company,  of 
Cincinnati.  It  was  Youtsey  who  stole  a  Marlin  gun  belong- 
ing to  Grant  Roberts  from  the  vault  in  the  auditor's  office, 
and  carried  it  into  his  own  little  office,  preparatory  to  killing 
Mr.  Goebel.  It  was  Youtsey  who  carried  that  gun  into  my 
private  office,  when  I  was  in  the  mountains  of  Kentucky, 
trying  to  get  men  to  come  to  Frankfort  as  witnesses  before 
the  contest  boards.  It  was  Youtsey  who  placed  Johnson  in 
that  office  in  my  absence,  and  tried  to  kill  Senator  Goebel. 
It  was  Youtsey,  with  Johnson,  who  mapped  out  how  the 
assassin  should  escape  from  that  office  after  the  shot 
was  fired.  It  was  Youtsey,  with  Johnson,  who  planned  that 
he  should  run  down  the  stairs  and  through  the  basement 
and  around  and  back  into  the  hallway  of  the  Executive  Build- 
ing. It  was  Youtsey  who  ran  that  route,  following  the  firing 
of  the  fatal  shot.  It  was  Youtsey,  with  Johnson,  who  told 
Culton  that  he  had  the  slickest  scheme  yet  by  which  he 
could  kill  Senator  Goebel ;  that  he  could  kill  him  from  the 
office  of  the  secretary  of  state  and  escape  through  the  base- 


382          MY  ADDRESS  TO  THE  JURY 

ment.  It  was  Youtsey,  with  Johnson,  who  discussed  a  plan 
to  kill  Senator  Goebel  in  his  room  at  the  Capital  Hotel  with 
nitroglycerin.  It  was  Youtsey  who  would  have  favored  that 
but  for  the  fact  that  his  wife  had  some  relatives  boarding  at 
the  hotel.  It  was  Youtsey  who  sought  the  negro  Hocker- 
smith  to  kill  Goebel,  after  his  and  Johnson's  plans  had  failed. 
It  was  Youtsey  who  took  Hockersmith  into  his  private  office 
and  sought  his  services  to  kill  Senator  Goebel.  It  was  Yout- 
sey who  took  Hockersmith  into  the  private  office  of  the  sec- 
retary of  state  with  a  view  to  having  Goebel  killed  from 
there,  and  in  my  absence.  It  was  Youtsey  who  showed 
Hockersmith  the  gun  and  cartridges  he  had  prepared  with 
which  to  kill  Goebel.  It  was  Youtsey  who  was  disappointed 
when  Hockersmith  failed  to  kill  him.  It  was  Youtsey  who 
then  set  about  trying  to  get  some  one  else  to  do  it.  It  was 
Youtsey  who  told  John  Ricketts  that  his  job  depended  on 
Goebel's  being  killed  and  Taylor's  holding  his  seat.  It  was 
Youtsey  who  said  that  he  had  one  hundred  dollars  to  put  up 
to  that  end.  It  was  Youtsey  who  told  Walter  Day  that  if 
he  had  three  hundred  dollars  he  could  settle  the  contest.  It 
was  Youtsey  who  made  the  proposition  to  some  of  the  moun- 
tain men  at  Frankfort  to  kill  Goebel.  It  was  Youtsey  who 
dreamed  that  he  saw  some  of  the  mountain  men  kill  Goebel. 
It  was  Youtsey  who  had  the  killing  of  Goebel  so  much  on 
his  mind  that  he  even  dreamed  about  it  at  night.  It  was 
Youtsey  who  said  that  Howard  knocked  on  Youtsey's  private 
office  door  on  the  morning  of  the  thirtieth,  but  Miss  Weist, 
a  beautiful  and  attractive  young  woman  who  occupied  an  ad- 
joining room  to  Youtsey's,  said  that  did  not  occur;  that  the 
door  between  her  office  and  Youtsey's  was  open  on  that 
morning  and  that  Youtsey  was  not  in  that  office  at  all  that 
morning,  and  that  no  one  knocked  on  his  office  door.  It  was 
Youtsey  who  had  advised  the  young  lady  to  leave  her  office 
a  few  days  before,  because  he  said  that  trouble  was  going 
to  come  up.  It  was  Youtsey  who  had  his  gun  with  him  on 
that  occasion.  It  was  Youtsey  who  was  sitting  both  at  the 
reception-room  window  and  at  the  window  in  the  private 
office  of  the  secretary  of  state  with  the  window  hoisted,  the 
blinds  pulled  down  and  a  Marlin  gun  across  his  lap.  It  was 


YOUTSEY  ARRAIGNED  383 

Youtsey  who  said  to  Culton  about  the  middle  of  January 
that  he  had  a  slick  scheme  to  kill  Goebel  from  the  private 
office  of  the  secretary  of  state;  that  he  had  a  key  that  would 
unlock  the  door  of  that  office  and  that  he  could  get  in  there 
any  time  he  wanted  to,  by  means  of  that  key.  It  was  Yout- 
sey who  said  that  he  did  not  get  that  key  from  either  myself 
or  my  brother.  It  was  Youtsey  who  said  that  he  never  did 
get  any  key  from  me,  and  that  he  never  tried  to  get  any  key 
from  my  brother  until  the  twenty-ninth  day  of  January,  the 
day  before  Goebel  was  killed.  It  is  Youtsey  who  says  that 
he  never  did  get  the  right  key  from  my  brother;  that  the 
one  he  got  on  the  twenty-ninth  of  January  failed  to  unlock 
the  door. 

It  was  Youtsey  who  ran,  panic-stricken,  down  the  stairway 
and  through  the  basement  after  Goebel  was  killed.  It  was 
Youtsey  who  said  to  S.  S.  Shepherd  that  if  he  had  his  way 
the  contest  would  soon  be  settled.  It  was  Youtsey  who 
said  that  everybody  was  kicking  on  his  killing  Goebel,  and 
that  he  would  have  to  drop  it.  It  was  Youtsey  who  wanted 
a.n  alibi  after  Goebel  was  killed.  It  was  Youtsey  who  asked 
Culton  if  he  could  not  place  him  up  in  the  lobby  of  the  Legis- 
lature with  Culton  and  swear  that  he  was  up  there  when 
Goebel  was  shot.  It  was  Youtsey  who  refused  to  tell  Frank 
Johnson  where  he  was  when  Goebel  was  shot.  It  was  Yout- 
sey who  wanted  to  send  Grant  Roberts  twenty  dollars  for 
his  gun  after  Goebel  was  killed.  It  was  Youtsey  who  tried 
to  buy  John  Mastin's  gun  before  Goebel  was  killed,  and  in- 
tending to  use  it  for  the  purpose  of  killing  Goebel. 

It  was  Youtsey  who  began  making  confessions  six  hours 
after  he  was  arrested.  It  was  Youtsey  who  told  Arthur  Goe- 
bel that  he  had  let  Dick  Combs  and  Berry  Howard  into  the 
private  office  of  the  secretary  of  state  just  before  Gdebel  was 
shot.  It  was  Youtsey  who  says  he  lied  when  he  did  this, 
but  that  he  did  it  in  order  not  to  harass  Mr.  Arthur  Goebel's 
mind.  It  was  Youtsey  who,  by  lying  to  Arthur  Goebel,  had 
Berry  Howard  and  Dick  Combs  arrested  and  indicted  on 
the  charge  of  killing  Senator  Goebel.  It  was  Youtsey  who 
permitted  Dick  Combs  to  be  dragged  from  jail  to  jail  and  to 
lie  behind  prison  bars  for  many  months.  It  was  Youtsey 


who  let  Berry  Howard  be  put  upon  trial  for  his  life,  and 
never  breathed  a  word  to  the  prosecution  that  Berry  Howard 
was  an  innocent  man  and  that  he  had  lied  when  he  told 
Arthur  Goebel  that  Berry  Howard  was  in  the  private  office 
just  before  the  shooting. 

It  was  Youtsey  who  had  "  conniption  "  fits  when  put  upon 
trial  for  his  life.  It  was  Youtsey  who  said  that  he  did  that  for 
the  purpose  of  deceiving  the  court,  the  jury  and  the  country. 
It  was  Youtsey  who  said  that,  as  a  matter  of  fact,  he 
had  no  fit,  but  thought  it  was  the  best  thing  to  do  under  the 
circumstances.  It  was  Youtsey  who  lay  upon  a  cot  during 
the  most  of  his  own  trial,  apparently  unconscious  of  what 
was  going  on  about  him.  It  was  Youtsey  who  always  main- 
tained to  his  own  dear  wife  that  he  was  innocent  of  the  crime 
charged  against  him.  It  was  Youtsey  who  refused  to  appeal 
his  case,  and  went  to  the  penitentiary  for  life.  It  was  Yout- 
sey who  made  an  affidavit  before  he  went  to  the  penitentiary 
that  he  did  not  know  and  had  not  seen  Jim  Howard  until 
long  after  Goebel  had  been  killed,  and  now  swears  he  swore 
a  lie  upon  that  occasion.  It  was  Youtsey  who  made  an 
affidavit  before  he  went  to  the  penitentiary  to  the  effect  that 
he  knew  no  circumstance,  even  remotely,  to  connect  me  with 
the  killing  of  Senator  Goebel.  It  is  Youtsey  who  says  that 
when  he  swore  to  that  he  swore  to  a  lie.  It  was  Youtsey 
who  said  that  anybody  would  swear  to  a  lie  when  he  got  into 
trouble  and  was  trying  to  get  out.  It  was  Youtsey  who  was 
kept  on  bread  and  water  for  eight  consecutive  Sundays  in 
the  penitentiary  of  this  state  before  he  became  a  witness  in 
these  cases.  It  was  Youtsey  who  was  put  to  firing  a  furnace 
in  the  hot  days  of  July  and  August  before  he  ever  testified 
for  the  Commonwealth.  It  was  Youtsey  who  testified  that 
the  warden  of  the  penitentiary  and  others  advised  him  to  tell 
what  he  knew.  It  was  Youtsey  who  wrote  out  a  statement 
of  what  he  said  he  knew  and  sent  it  to  Judge  Cantrill.  It 
was  Youtsey  who  burned  that  statement,  together  with  his 
short-hand  notes  of  it,  when  it  was  returned  to  him,  because 
it  was  not  satisfactory. 

It  was,  in  all  probability,  Youtsey  who  failed  to  implicate 
me  in  that  statement.  It  was  Youtsey  who  told  Colonel 


YOUTSEY  ARRAIGNED  385 

Campbell  in  a  statement  a  few  hours  after  he  was  arrested 
that  he  never  discussed  with  me  the  killing  of  Goebel  from 
my  office.  It  is  Youtsey  who  now  says  he  lied  about  that. 
It  is  Youtsey  who  says  that  I  agreed  to  leave  my  office  door 
open  for  the  purpose  of  letting  murder  be  committed  from 
there.  It  is  Youtsey  who  says  that  the  door  leading  from 
the  reception-room  into  my  office  was  open  on  the  morning 
of  the  thirtieth  of  January,  before  Goebel  was  killed.  It  is 
Youtsey  who  is  contradicted  in  that  by  Ben  Rowe,  the  jani- 
tor; R.  N.  Miller,  a  clerk  in  the  reception-room;  Grant  Rob- 
erts, the  brother  of  an  able  newspaper  editor  of  this  state ; 
J.  M.  Hardgrove,  who  was  in  the  reception-room  and  saw 
some  one  try  to  enter  my  private  office  thirty  or  forty  minutes 
before  Goebel  was  shot,  but  failed.  It  is  Youtsey  who  con- 
tradicts Golden,  who  says  he  saw  me  lock  that  door  from 
the  inside  and  bolt  it  before  leaving  for  Louisville  on  the 
morning  of  the  thirtieth.  It  is  Youtsey  who  is  contradicted 
by  Jim  Howard,  who  says  Youtsey  did  not  let  him  into  the 
private  office  on  that  day,  and  lastly,  Youtsey  is  contradicted 
by  my  own  testimony. 

It  is  Youtsey  who  is  the  alleged  key  to  the  alleged  con- 
spiracy. It  is  Youtsey  who  failed  to  tell  us  when  and  where 
the  conspiracy  was  entered  into  to  kill  Goebel  and  who  were 
present.  It  is  Youtsey  who  connects  nobody  with  the  alleged 
conspiracy,  except  as  he  talked  with  them  alone.  It  is  Youtsey 
who  had  an  alleged  private  talk  with  my  brother,  and  a  man 
unknown  to  Youtsey,  about  the  alleged  wrong  key  to  my 
office.  It  is  Youtsey  who  had  an  alleged  private  talk  with  Jim 
Howard,  a  man  unknown  to  Youtsey,  about  killing  Senator" 
Goebel.  It  is  Youtsey  who  had  an  alleged  private  talk  with 
W.  J.  Davidson  about  getting  into  my  office.  It  is  Youtsey 
who  meets  this  one  here  and  that  one  there  and  has  a  private 
talk  with  them  and  connects  them  with  the  murder  of  Mr. 
Goebel.  It  is  Youtsey  who  said  he  knew  nothing  incriminat- 
ing against  Charles  Finley,  although  Finley  has  loudly  and 
long  been  denounced  as  a  conspirator.  It  is  Youtsey  who 
had  but  one  talk  with  me  about  the  murder  of  Mr.  Goe- 
bel, and  that  was  the  day  before  Goebel  was  killed,  if 
Youtsey's  own  testimony  can  be  believed.  It  is  Youtsey 


386          MY  ADDRESS  TO  THE  JURY 

who  says  he  had  that  talk  with  me  when  I  was  alone, 
and  in  that  talk  with  him  when  I  was  alone  I  agreed 
to  be  away  from  my  office.  It  is  Youtsey  who  says  that  I 
left  my  office  on  the  morning  of  the  thirtieth  of  January  for 
the  purpose  of  permitting  murder  to  be  committed  from  there. 
It  is  Youtsey  who  is  contradicted  in  this  by  R.  N.  Miller, 
George  W.  Long,  ex-state  treasurer;  Walter  Day,  another 
ex-state  treasurer;  J.  Lon  Butler,  a  trusted  traveling  sales- 
man for  a  large  wholesale  house  in  Baltimore;  E.  U.  For- 
dyce,  Jim  Frank  Taylor  and  Ed  Mentz,  all  reputable  men, 
and  also  myself.  It  is  Youtsey  who  said  that  I  was  away 
from  my  office  for  a  sinister  purpose,  while  all  these  other 
men  say  that  my  trip  to  Louisville  on  that  day  was  for  the 
purpose  of  getting  up  another  crowd  of  petitioners  to  come, 
mostly  from  Western  Kentucky,  to  petition  the  Legislature. 

Is  there  a  man  on  this  jury  who  believes  that  I  had  the 
remotest  connection  with  Henry  E.  Youtsey  in  so  far  as  the 
killing  of  Senator  Goebel  was  concerned?  If  there  be  one, 
let  me  bring  this  matter  home  to  you  by  an  illustration.  Sup- 
pose, Mr.  Layson,  when  you  were  coming  down  the  streets  of 
Georgetown  —  coming  here  to  serve  on  this  jury  —  that  you 
saw  a  young  man  sitting  in  front  of  one  of  these  saloons  here, 
and  he  a'sked  you  to  get  him  a  drink.  You  knew  nothing  of 
the  young  man ;  you  had  seen  him  around  town  here  once 
or  twice  in  your  life. 

You  did  not  know  where  his  parents  lived ;  you  knew  noth- 
ing of  him  or  about  him;  he  stopped  you  on  the  street  and 
said  to  you:  "Mr.  Layson,  I  want  a  drink  of  whisky.  I 
want  you  to  go  in  and  buy  it  for  me,  or  loan  me  the  money 
with  which  I  can  buy  it.  I  am  dying  of  thirst ;  I  have  got 
no  money  and  no  friends  here ;  but  for  the  sake  of  my  burn- 
ing appetite  and  for  me,  I  want  you  to  loan  me  just  one 
dime  to  get  a  drink ; "  and  you  say  to  him :  "  Young  man, 
I  can  not  do  it.  To  begin  with,  it  is  a  violation  of  the  law 
for  me  to  loan  you  any  money  for  such  a  purpose.  And  if 
I  could  Joan  it  to  you,  without  any  infraction  of  the  law  of 
this  town,  I  would  not  do  it.  You  are  a  young  man;  upon 
the  young  men  of  this  state  and  this  union  depend  its  per- 
petuity and  its  progress.  I  never  started  any  boy  on  the  road 


AN  ILLUSTRATION  387 

to  ruin ;  I  can  not  start  you.  Young  man,  listen  to  the  advice 
of  an  older  head.  Liquor  contaminates  everything  that  it 
touches.  It  unfits  you  for  business ;  it  degrades  your  man- 
hood, undermines  your  vigor  and  lays  waste  your  energies ; 
it  saps  your  vitality  and  loses  for  you  the  respect  and  con- 
fidence of  your  neighbors  and  friends ;  it  breaks  your  mother's 
heart  and  blots  out  your  attachment  for  home ;  it  ruins  your 
hopes  and  prospects  for  a  bright  and  happy  life ;  it  hastens 
your  father  to  a  sad  and  immature  grave;  it  brings  tears 
down  the  cheeks  of  mothers  and  floods  their  hearts  with 
misery  and  woe.  Young  man,  you  should  not  ask  me  to 
aid  such  an  infamous  cause;  I  can  not  do  it.  I  have  some 
respect  for  my  country's  honor.  Dearth  and  desolation  are 
found  in  the  wake  of  whisky's  course.  It  covers  the  land 
with  misery  and  crime.  It  will  curse  your  existence  here 
on  earth  and  finally  land  you  in  hell.  Young  man,  I  can  not 
do  it." 

And,  Mr.  Booth  here,  who  was  with  you  coming  down  the 
streets,  has  stopped  to  wait  for  you.  You  go  on  to  him 
thinking  about  the  request  of  the  young  man.  It  strikes  you 
that  it  would  be  a  good  idea  for  him  to  go  back  and  talk  to 
that  fellow.  He  is  about  to  do  that  which  will  take  him  on 
the  road  to  ruin  and  make  him  a  curse  to  the  country  that 
he  calls  his  home  and  a  disgrace  and  a  dishonor  to  the  state 
we  all  love.  You  wish  that  he  would  go  and  talk  to  him.  Mr. 
Booth  goes.  He  is  actuated  by  the  same  feelings  that  actuated 
you.  He  enters  into  conversation  with  the  boy.  He  says 
that  it  will  never  do  to  drink;  that  it  has  slain  too  many 
reputations ;  that  it  has  brought  shame  and  despair  and  mis- 
ery and  want  to  too  many  homes ;  that  it  has  been  the  father 
of  too  many  crimes ;  that  it  does  not  stop  at  the  havoc  and 
ruin  of  the  poor,  but,  like  a  vile  and  slimy  serpent,  it  crawls 
across  the  threshold  of  our  fairest  homes  and  leaves  its 
desolation  and  ruin  there.  It  creeps  into  our  courts  and 
defiles  the  streams  of  justice;  it  invites  famine  and  courts 
disaster.  It  won't  do  to  drink,  young  man.  And  about  that 
time,  Mr.  Layson,  you  have  gone  back  to  where  youf  neigh- 
bor has  been  talking  to  the  young  man.  You  hear  him  say 
that  it  will  never  do  to  drink,  and  emphasize  what  you 


388          MY  ADDRESS  TO  THE  JURY 

have  said  before  you  again  repeat,  "  That  is  right,  young  man, 
it  will  never  do  to  drink."  Time  passes  on ;  you  are  detained 
here  in  court.  You  have  been  chosen  to  serve  on  this  jury; 
you  are  here  performing  the  obligations  of  citizenship.  And 
after  this  trial  is  over ;  after  these  long  days  of  waiting  and 
suspense  are  at  an  end,  with  a  consciousness  of  duty  well 
performed ;  with  the  thought  in  your  mind  that  this  day's 
work,  whatever  your  neighbors  may  temporarily  think  about 
it,  will  stand  the  test  of  time  and  vindicate  your  actions,  and 
with  the  thought  in  your  breast  that  if  you  have  erred  at  all, 
it  has  been  on  the  side  of  mercy  and  humanity,  you  go  forth 
from  this  jury-box  and  again  be  given  your  liberty  and  have 
the  privilege  to  mix  and  mingle  with  your  fellow  men  with- 
out restraint  and  take  your  place  again  in  the  active  battles 
of  life,  assuming  its  cares  and  sharing  its  burdens. 

Suppose,  as  you  are  leaving  this  town,  you  come  across 
this  young  man  on  the  street  and  he  again  asks  you  for  more 
whisky  or  the  money  with  which  to  purchase  it.  You  are 
wanting  to  get  to  your  home.  You  do  not  tarry  long  with 
him;  you  have  given  him  advice  before,  but  you  feel  as  if 
you  owe  it  to  your  country  to  advise  him  again.  You  again 
ask  Mr.  Booth  to  advise  with  him,  as  he  is  better  acquainted 
with  him  than  you.  And  you  say  to  Mr.  Booth :  "  I  wish 
you  would  go  and  talk  to  that  young  man  again ;  he  is  yet 
wanting  whisky."  And  you  go  and  talk  to  him,  Mr.  Booth, 
and  the  young  man  says  that  is  all  right.  "  Then  I  will  not 
drink  if  it  is  going  to  ruin  me ;  I  will  let  it  alone."  You 
gentlemen  pass  on  to  your  homes.  You  think  no  more  about 
the  young  man.  Your  mind  and  time  are  occupied  with 
other  matters.  Weeks  pass,  and  suddenly,  Mr.  Layson,  the 
sheriff  of  your  county  comes  with  a  warrant  for  your  arrest. 
Maybe  you  say  you  will  give  yourself  up  as  did  Jim  Howard. 
Maybe  you  say  that  the  courts  and  politics  and  money  and 
prejudice  and  everything  else  is  against  you,  and  that  you 
will  stand  no  show  to  get  a  fair  trial,  and  that  you  decide 
not  to  go.  The  sheriff  arrests  you  on  a  warrant  charging 
you  with  furnishing  money  to  the  young  man,  and  lodges 
you  in  jail.  You  are  carried  before  the  courts  for  trial.  You 
find  the  sentiment  of  the  people  is  greatly  aroused 


AN  ILLUSTRATION  389 

/ 

because  of  your  alleged  offense.  They  hate  liquor  in  all  its 
forms,  and  try  to  prevent  it  from  contaminating  the  lives  of 
the  youths  of  the  country.  It  is  a  fact  that  the  young  man 
got  drunk  soon  after  you  came  in  contact  with  him.  They 
charge  you  with  furnishing  him  the  money  to  get  drunk. 
You  were  seen  talking  with  him  a  while  before  he  did  get 
drunk. 

The  country  says  that  any  man  who  will  strike  a  fatal 
blow  at  the  very  foundation  of  society  and  our  homes  by 
giving  our  youths  whisky  shall  be  severely  dealt  with.  The 
newspapers  of  the  state  jump  on  you  as  soon  as  you  are 
arrested.  The  politicians  of  the  country,  seeing  an  oppor- 
tunity to  ride  into  office  on  the  indignation  of  the  people  by 
denouncing  you,  have  been  proclaiming  your  infamy  from 
every  cross-roads  in  the  land.  Your  case  is  called  for  trial. 
You  are  a  liquor  man.  You  find  that  you  are  to  be  tried 
exclusively  by  Prohibitionists.  The  judge  is  a  strong  Pro- 
hibitionist. The  prosecuting  attorney  and  officers  of  the 
court  are  opposed  to  your  liquor  views,  and  the  whole  country 
has  been  taught  to  hate  you,  not  because  of  what  you  have 
committed,  but  because  of  what  you  are  alleged  to  have  com- 
mitted. Your  trial  begins.  The  prosecution  puts  the  young 
man  on  the  witness-stand.  He  testifies  that  you  had  a  private 
talk  with  him  as  you  came  here  to  Georgetown,  and  that 
while  you  did  not  exactly  loan  him  the  money  with  which  to 
get  the  whisky,  you  left  the  saloon  door  open  and  told 
him  to  help  himself,  and  that  he  did  enter  the  saloon,  at  your 
instance,  and  got  drunk.  This  closes  the  case  against  you. 
It  is  your  time  now  to  be  heard.  You  put  Mr.  Booth  on  the 
stand  and  he  testifies  that  as  you  and  he  came  to  town  to 
serve  as  jurors  in  this  case  you  did  have  a  talk  with  this 
young  man  on  the  streets  of  Georgetown,  and  that  after  you 
had  a  talk  with  him  you  did  come  to  him  and  ask  him 
to  also  have  a  talk  with  the  young  man. 

Mr.  Booth  testifies  that  he  did  go,  in  pursuance  to  your 
advice,  and  have  a  talk  with  the  young  man,  and  that  he 
advised  him  not  to  drink  whisky.  He  testified  further  that 
while  he  was  talking  with  him  you,  Mr.  Layson,  did 
come  up  and  enter  into  conversation  between  the  young 


390          MY  ADDRESS  TO  THE  JURY 

man  and  him,  and  that  you  did  say  to  the  young  man 
it  will  never  do  to  drink.  This  is  the  testimony  of  Mr. 
Booth.  He  testified  further  that  after  your  services  as  jurors 
were  over,  in  this  case,  both  of  you  started  to  your  homes  and 
you  both  again  came  in  contact  with  this  same  young  man. 
Mr.  Booth  testified  that  you  came  to  him  again  and  asked  him 
to  go  and  talk  to  this  young  man  and  advise  him  not  to  drink, 
and  he  testifies  further  that  the  young  man  promised  him 
he  would  not  drink. 

You  go  on  the  stand,  Mr.  Layson,  in  your  own  behalf,  and 
you  testify  substantially  to  what  Mr.  Booth  testified  to; 
you  say  that  the  young  man  did  want  to  borrow  from  you 
some  money  to  buy  whisky  and  that  you  did  not  loan 
it  to  him,  nor  did  you  tell  him  to  go  into  the  saloon  and  get 
it.  You  tell  the  jury,  under  your  oath,  that  you  did  call  Mr. 
Booth  to  come  and  talk  to  the  young  man  and  advise  him 
not  to  drink.  You  say  to  this  jury  that  you  felt  that  you 
were  doing  your  Christian  duty  and  your  duty  as  a  citizen. 
You  tell  the  jury  that  you  both  passed  on  and  left  the  young 
man,  and  came  on  to  this  court  and  were  detained  here  as  a 
juror  to  try  this  case,  and  that  when  the  trial  was  over  and 
you  were  discharged  from  jury  service  you  again  ad- 
vised him  not  to  drink.  You  testify  further  that  you  again 
called  on  Mr.  Booth  to  talk  to  this  young  man  and  advise 
him  to  abstain  from  the  use  of  all  intoxicants.  You  say 
further  that  it  is  true  you  are  a  farmer  and  raise  corn 
and  rye  to  sell,  and  you  testify  that  it  is  further  true  the 
more  whisky  there  is  consumed  the  higher  will  be  the  price 
of  your  corn  and  rye,  but  that  you  were  advising  the  young 
man  in  good  faith  not  to  drink.  You  testify  further  that 
you  are  a  citizen  of  this  county,  and  that  you  wanted  it 
to  be  pure  in  morals,  true  in  religion,  lofty  in  its  ideals  of 
right  and  wrong.  You  testified  that  you  would  not,  under 
any  state  of  case,  attempt  to  undermine  the  foundation  stones 
of  society  and  of  your  country  for  the  paltry  sum  of  a  few 
dollars  and  cents,  and  you  would  not,  Mr.  Layson.  This 
closes  the  case  for  the  defense. 

The  attorneys  for  the  prosecution  address  the  jury  against 
you.  They  allege  that  if  you  did  advise  the  young  man  not 


AN  ILLUSTRATION  391 

to  drink  or  go  into  saloons  you  did  not  mean  it;  that 
you  had  corn  and  rye ;  that  the  more  whisky  there  is  consumed, 
the  greater  will  be  the  price  of  your  corn  and  rye,  and  that 
is  the  thing  in  which  you  are  interested.  The  testimony  of 
the  attorneys,  Mr.  Layson,  is  the  only  thing  against  you,  and 
when  the  speeches  are  all  over  the  jury  retires  to  the  jury- 
room  here.  They  are  not  in  there  long  enough  to  read  the 
indictment  until  a  tap  is  heard  on  the  door.  They  enter  and 
a  verdict  comes:  "We,  the  jury,  find  the  defendant  guilty 
and  fix  his  punishment  at  hard  labor  for  the  period  of  his 
natural  life  in  the  penitentiary  of  this  state." 

My  God,  Mr.  Layson !  What  emotions  would  fill  your 
breast  when  you  heard  the  verdict  read, —  read  by  your  fel- 
low men;  read  by  twelve  citizens  of  your  own  state,  and 
that,  too,  Mr.  Layson,  when  you  know  you  were  inno- 
cent of  the  charge ;  when  you  know  you  did  all  that  was 
required  of  you  •  as  a  citizen  to  your  country,  and  gave 
the  young  man  the  very  best  advice  known  to  your  head  or 
heart.  You  did  more ;  you  called  your  neighbor  and  had  him 
advise  him.  You  not  only  did  what  the  morals  of  your 
country  require,  but  you  went  further;  you  did  more  than 
that.  You  fulfilled  the  biblical  injunction,  that  if  your 
brother  errs,  or  is  about  to  err,  to  put  him  in  the  right ;  and 
for  that  fatherly  and  country-saving  advice  you  have  been 
branded  as  an  enemy  to  your  country  and  as  a  foe  to  man- 
kind ;  as  a  dangerous  element  to  our  citizenship.  What 
would  you  think  of  a  state  that  would  so  mistreat  you  ?  When 
perils  come  to  our  country,  when  our  flag  is  endangered,  the 
country  calls  upon  you  to  defend  it ;  neither  your  property 
nor  your  life  is  spared  in  its  defense,  and  when  peril  comes 
to  you,  Mr.  Layson,  as  in  this  case  I  have  supposed,  instead 
of  the  state  and  country  using  its  strong  arm  to  defend  you, 
it  uses  all  its  resources  to  oppress  you.  .  What  would  you 
think  of  it,  Mr.  Layson?  The  country  that  will  not  defend 
its  defenders  is  a  disgrace  to  the  world,  and  its  flag  a  filthy 
rag  that  befouls  the  air  through  which  it  waves. 

I  ask  you,  Mr.  Layson,  how  does  your  conduct  differ  in  the 
case  I  have  supposed  from  mine  in  dealing  with  Henry 
Youtsey?  I  saw  the  young  man  in  my  office.  I  do  not  know 


392  MY  ADDRESS  TO  THE  JURY 

how  he  came  there.  He  was  in  the  reception-room  without 
authority  or  permission  from  any  one,  as  far  as  I  know,  and 
as  far  as  has  been  proven  in  this  case.  If  he  would  go  to 
one  place  without  permission,  he  would  go  to  another  without 
permission.  He  did  get  there  without  permission.  That  tes- 
timony is  not  contradicted  by  any  testimony  on  the  part  of 
the  prosecution.  I  saw  him  in  the  office  with  a  gun.  I  went 
into  my  office;  I  had  a  right  to  go;  I  went  where  my  duty 
called  me.  I  found  him  there.  He  had  a  gun.  I  asked  him 
what  he  was  doing  with  it.  What  should  I  have  asked  him? 
And  when  he  did  not  give  me  the  satisfaction  I  demanded, 
I  went  to  get  some  one  to  talk  to  him  who  was  better  ac- 
quainted with  him  than  I  was.  I  advised  him  for  the  best, 
as  you  did  the  young  man,  Mr.  Layson,  who  wanted  the 
money  to  buy  whisky.  I  gave  him  the  best  advice  I  had. 
So  did  you  in  the  case  I  have  supposed.  I  could  have 
talked  to  him  myself  and  have  let  him  go  his  way.  So 
could  you  with  the  young  man  who  wanted  the  whisky. 
You  thought  it  best  to  have  some  one  else  to  talk  to  him, 
and  you  did  have  it  done.  If  you  had  advised  the  young 
man  to  get  drunk  and  had  loaned  him  the  money  for  that 
purpose,  the  prosecuting  officer  would  have  said :  "  Of 
course  he  is  guilty.  He  says  he  loaned  him  the  money  for 
that  purpose."  And  when  you  show  that  you  not  only  did 
not  loan  him  the  money,  but  advised  him  not  to  drink,  and 
prove  it  by  Mr.  Booth,  then  they  say  you  are  playing  a  double 
part;  that  you  did  not  mean  it.  It  is  be  damned  if  you  do 
and  be  damned  if  you  don't.  And  with  me  it  is  be  damned 
if  you  do  and  be  damned  if  you  don't. 

Gentlemen,  I  am  a  citizen  of  this  state,  and  I  should  be 
treated  as  such,  whether  I  am  a  Republican  or  a  Democrat. 
Whether  I  was  born  in  the  hills  or  in  the  plains,  I  am  enti- 
tled to  justice  at  the  hands  of  my  fellow  citizens.  I  am  a 
citizen  of  this  country,  and  citizenship  means  that  a  man 
should  be  obedient  to  the  law  and  have  due  regard 
for  the  rights  of  others,  promote  the  welfare  and  well-being 
of  our  neighbors  and  in  times  of  peril  give  our  property 
and  our  lives  for  our  country.  Citizenship  means  more  than 
that,  gentlemen;  it  means  that  this  country  shall  protect  us 


CIRCUMSTANTIAL  EVIDENCE         393 

in  all  the  rights  of  citizenship,  which  the  constitution  of  this 
country  guarantees  to  us.  It  would  be  a  poor  country,  indeed, 
that  has  the  right  to  demand  of  its  citizens  their  property  and 
their  lives  in  times  of  its  own  perils,  and  when  perils  come 
to  one  of  its  own  citizens,  turns  its  back  upon  him,  and 
even  lends  a  hand  in  his  oppression.  I  am  entitled  to  a  fair 
trial,  gentlemen;  I  am  entitled  to  justice  at  your  hands. 

If  testimony  can  be  believed ;  if  reason  can  be  relied  upon, 
I  was  not  in  a  conspiracy  with  Henry  E.  Youtsey.  Then, 
gentlemen,  I  am  not  guilty  of  that  with  which  I  am  charged. 
I  did  not  know  Holland  Whittaker ;  I  did  not  procure  him 
to  murder  Mr.  Goebel.  I  did  not  know  Dick  Combs;  I  could 
not  have  procured  him  to  murder  Mr.  Goebel.  I  did  not 
know  Jim  Howard ;  I  had  no  communication  with  him ; 
I,  therefore,  could  not  have  procured  him  to  kill  Mr.  Goe- 
bel. The  unknown  man  is  no  more ;  as  an  actual  quan- 
tity, he  is  no  more.  The  prosecution,  by  their  present  theory, 
has  eliminated  the  unknown  man  from  this  case.  I,  therefore, 
did  not  conspire  with,  or  procure,  any  unknown  man  to  kill 
Mr.  Goebel. 

Then,  men,  how  can  I  be  guilty  under  this  indictment? 
How  can  you  find  me  guilty?  You  can  not;  you  will  not. 
With  all  the  testimony  of  all  the  star-witnesses  swearing  for 
money  and  immunity,  there  is  no  testimony  against  me  in 
this  case,  except  circumstantial  testimony,  that  sort  of  testi- 
mony that  often  lies,  and  is  always  unreliable.  Colonel 
Campbell  said  in  his  opening  argument  that  so  far  as  he  is 
individually  concerned,  he  would  as  soon  convict  me  on  cir- 
cumstantial testimony  as  on  any  other  kind  of  testimony. 
Why,  the  whole  world  knows  that  circumstantial  testimony 
is  the  most  dangerous  and  the  most  unreliable  sort  of  testi- 
mony that  can  be  introduced  in  a  court  of  justice. 

Let  me  illustrate  the  uncertainty  and  unreliability  of  cir- 
cumstantial testimony  by  a  story  I  read  once.  The  story 
is  like  this:  A  few  years  ago,  up  in  a  Vermont  town,  in 
Chittenden  County,  there  happened  a  very  strange  case.  There 
lived  in  the  suburbs  of  the  quiet  little  village  a  rich  old  bach- 
elor. He  had  devoted  his  life  to  the  making  of  money  and 
had  retired  from  an  active  business  life  to  enjoy  it  in  his 


394          MY  ADDRESS  TO  THE  JURY 

own  way.  It  was  in  everybody's  mouth  that  he  kept  close 
about  him,  in  his  costly  mansion,  a  vast  deal  of  money.  He 
kept  within  his  palatial  dwelling  but  one  negro  servant  to 
attend  his  wants  and  needs.  There  they  lived  in  solitude. 
It  was  after  midnight  on  one  cold  and  bleak  November  day 
that  the  neighbors  were  aroused  by  the  firing  of  pistols  in 
the  costly  mansion.  Fearing  foul  play,  they  rushed  to  the 
scene  of  the  tragedy,  for  such  it  was.  They  found  every 
window  in  the  house  locked  and  the  doors  barred  and  bolted. 
They  heard  groans  on  the  inside  of  the  house.  They  knew 
the  trouble  was  within.  They  broke  down  the  front  door 
and  entered.  They  swept  across  the  spacious  hallway  and 
rushed  up  to  the  second  floor  of  the  building  to  find,  in  the 
room  always  occupied  by  the  old  man,  a  sad  scene.  The 
white  hairs  of  the  old  man  were  weltering  in  his  own  blood. 
His  brains  bespattered  the  floor,  the  walls  and  windows  of  his 
own  room.  A  bullet  had  entered  his  forehead ;  he  was  dead 
and  his  pistol  lay  grasped  in  his  right  hand.  It  had  been 
discharged  in  the  affray;  it  was  pointed  towards  the  door 
of  his  own  room.  Nearer  the  door  of  his  room  lay  his  col- 
ored servant,  shot  in  face  and  head.  It  was  found  that  the 
bullet  hole  in  the  head  of  the  colored  servant  was  exactly 
of  the  same  caliber  as  that  of  the  pistol  fired  by  the  master. 
This  helped  to  confirm  the  story,  if  it  needed  confirmation, 
that  the  servant  was  shot  by  his  master  while  attempting  to 
rob  him.  The  negro  was  not  dead,  but  paralyzed  by  the 
blow.  He  was  moaning  and  muttering  inaudible  sounds. 
His  master's  watch  and  jewelry  lay  near  his  hands,  and  a 
pistol  that  had  been  discharged  twice  lay  near  him  to  help 
tell  the  story  of  the  old  man's  murder.  It  was  several  days 
before  the  negro  was  able  to  talk.  During  that  time,  public 
opinion  had  been  formed.  The  negro's  insensibility  pre- 
vented him  from  being  mobbed  without  judge  or  jury.  Every- 
body said  he  had  tried  to  rob  his  master  and  in  the 
attempt  had  killed  him.  There  was  no  other  explanation  of 
it.  They  were  the  only  two  in  the  house.  The  doors  and 
windows  were  all  barred  and  bolted  when  the  neighbors 
gathered  upon  the  scene.  There  the  old  man  lay;  the  negro 
was  shot  in  the  room  of  the  old  man  and  had  the  jewelry 


CASE  OF  JUDICIAL  MURDER          395 

of  his  master  near  his  hands.  As  soon  as  the  negro  gained 
consciousness,  he  vainly  pleaded  his  innocence.  His  pro- 
testation's could  not  save  him.  He  was  indicted  and  was 
given  a  speedy  hearing.  The  trial  proceeded.  He  was  con- 
victed. He  was  convicted  before  the  trial  began.  Public 
sentiment  had  convicted  him.  The  jury  brought  in  a  verdict 
of  guilty  and  said  that  his  life  should  pay  the  penalty  for  his 
crime.  Gentlemen,  what  if  you  had  been  on  the  jury,  what 
would  you  have  done?  What  would  your  verdict  have  been? 
The  poor,  helpless  prisoner  pleaded  his  innocence. 

What  if  I  had  been  found  shot  and  Goebel  dead  at  the 
Capital  Hotel,  in  Frankfort,  under  these  circumstances,  and 
that  I  had  said  that  I  went  there  to  see  him  on  some  busi- 
ness, what  would  your  verdict  have  been?  What  would  it 
have  been  in  the  case  of  the  colored  servant?  The  poor  pris- 
oner pleaded  his  innocence.  That  was  the  only  thing  he  had 
on  his  side.  He  was  not  guilty,  gentlemen.  But  his  inno- 
cence did  not  save  him.  He  was  hanged. 

And,  by  and  by,  the  great  searchlight,  "  Time,"  was  turned 
upon  events.  By  and  by  the  great  unraveler  of  all  mys- 
teries began  to  solve  this  problem.  The  negro  was  dead ;  he 
had  been  judicially  murdered;  the  jury  had  taken  from  him 
that  which  they  could  not  give  back  to  him  —  his  life.  It 
was  beyond  human  power  to  restore,  when  the  world  knew 
that  he  was  not  guilty.  On  his  deathbed  a  noted  bank  crook 
confessed  to  the  murder  of  the  old  man,  and  told  the  circum- 
stances surrounding  it.  A  few  months  before  the  occurrence, 
he  had  come  to  the  quiet  little  village,  as  a  day  laborer.  He 
had  learned  from  the  gossip  of  the  townspeople  the  reputed 
wealth  of  the  old  bachelor.  He  determined  to  have  his  money. 
On  the  evening  of  the  murder,  a  dark  and  cloudy  day  in 
November,  he  had  'slipped  by  stealth  up  the  quiet  lawn,  under 
the  somber  timber  and  into  the  wide  hallway  and  into  one 
of  its  dark  and  neglected  alcoves.  There  he  remained  until 
late  evening  came,  dragging  behind  it  the  drapery  of  night. 
He  was  unobserved,  as  the  house  was  large  and  spacious, 
with  few  occupants  —  only  two.  The  doors  and  windows 
of  the  old  home  had  been  barred  and  bolted  by  the  faithful 
old  colored  servant  upon  the  approach  of  night,  as  had  long 


396         MY  ADDRESS  TO  THE  JURY 

been  his  custom.  He  went  to  his  room  thinking  of  no  harm 
to  his  old  master,  whom  he  had  so  faithfully  served,  and  for 
whom  he  had  at  all  times  been  ready  to  give  up  his  life. 
When  the  dead  hours  of  night  dragged  their  heavy  forms 
along,  when  innocent  humanity  was  locked  in  the  arms  of 
refreshing  sleep,  the  burglar  stole  from  his  place  of  secret 
hiding,  wound  his  course  up  the  still  stairway  to  the  room  of 
his  victim.  He  crept  into  apartments  owned  by  another,  in 
search  of  gold,  and  found  the  white  head  of  an  old  man  lying 
upon  a  pillow  in  easy  repose.  He  began  to  search  for  his 
jewelry  and  gold.  The  restless  hours  of  old  age  were  soon 
disturbed.  The  burglar  demanded  the  toil  of  his  years,  or 
his  life.  The  encounter  soon  began.  Pistols  were  fired  in 
quick  succession.  The  faithful  old  colored  man  rushed  to  the 
scene  of  the  difficulty,  just  in  time  to  receive  the  shot  of  his 
master,  and  fell,  groaning,  to  the  floor.  The  burglar  dropped 
the  jewelry  he  had,  fired  a  parting  shot,  dropped  his  pistol, 
and  fled.  The  old  man  fell,  lifeless,  to  the  floor.  The  burglar 
returned  to  his  secret  hiding-place  unharmed.  The  neighbors 
battered  down  the  front  door  and  swept  up  to  the  room  of 
the  tragedy.  In  the  hurry  and  excitement  of  the  hour,  the  real 
murderer  passed  out  unnoticed  and  went  his  way,  uncaught, 
unsuspected  and  unharmed. 

Gentlemen,  the  history  of  this  world  is  full  of  such  exam- 
ples. And  so  our  lawmakers,  in  their  wisdom,  have  said 
that  before  you  can  take  a  man's  life  or  his  liberty  on 
circumstantial  proof,  the  evidence  introduced  by  the 
Commonwealth  must  be  such  that  the  crime  can  not  be 
accounted  for  on  any  other  hypothesis  than  the  guilt  of 
the  accused. 

Dreyfus  was  sent  to  Devil's  Island  on  circumstantial  testi- 
mony and  perjured  proof.  The  judiciary  of  France  is  dis- 
graced for  ever  on  account  of  it.  On  circumstantial  testimony, 
Samuel  Arnold,  an  innocent  man,  was  sent  to  Dry  Tortugas 
for  life  for  alleged  complicity  in  the  assassination  of  Abra- 
ham Lincoln.  Dr.  Mudd  met  a  similar  fate.  On  circum- 
stantial testimony  and  perjured  proof,  Mrs.  Surratt,  an  inno- 
cent woman,  was  hanged  for  alleged  complicity  in  the  assas- 
sination of  Abraham  Lincoln.  America  will  never  outlive  it. 


USE  OF  THE  MILITIA  397 

Beware,    men,    of    circumstantial    testimony.    It    is    untrust- 
worthy; it  misleads;  it  lies;  it  deceives. 

If  I  did  not  procure  some  one  of  the  five  named  principals 
to  murder  Senator  Goebel,  I  could  not  be  guilty,  although 
there  was  a  great  deal  of  hot  blood  at  Frankfort  and  else- 
where over  the  state  during  the  contest,  although  the  moun- 
tain crowd  came  to  Frankfort,  and  although  the  militia  was 
called  out.  But  since  there  has  been  so  much  said  on 
these  subjects,  even  during  this  trial,  a  discussion  of 
them  may  not  be  amiss,  and  we  will  now  come  to  a  dis- 
cussion of  the  military.  I  have  tried,  gentlemen,  to  take 
up  the  various  contentions  of  the  prosecution  and  group  the 
testimony  bearing  upon  their  charge,  that  we  might  more 
clearly  understand  what  foundation  there  is  for  such  a  charge. 
You  know  the  prosecution  has  always  said  that  the  bringing 
of  the  mountain  men  to  Frankfort  was  one  part  of  the  con- 
spiracy to  kill  Senator  Goebel.  It  is  the  view  of  the  Com- 
monwealth that  the  militia  was  another  part  of  the  alleged 
conspiracy  to  kill  Senator  Goebel ;  that  the  part  it  was  to 
play  was  to  protect  the  men  after  they  had  done  the  work 
of  killing  Senator  Goebel ;  that  it  was  to  protect  the  criminal, 
or  criminals,  after  the  shot  was  fired,  from  arrest  or  from 
violence ;  that  that  was  the  part  to  be  played  by  the  military, 
and  that  it  played  that  part.  This  is  the  view  of  the  prose- 
cution. All  this  evidence  introduced  by  the  Commonwealth 
to  show  that  no  one  was  allowed  to  pass  into  the  Executive 
Building  after  the  shooting;  all  this  testimony  about  the  plac- 
ing of  guards  at  the  gates  of  the  Capitol  Square  and  doors  of 
the  Capitol  building;  and  all  this  testimony  about  requiring 
passes  before  any  one  could  be  admitted  to  the  grounds,  was 
for  the  purpose  of  showing  that  no  one,  not  friendly  to  the 
act  of  assassination,  or  those  who  indorsed  that  act,  was 
permitted  to  pass  into  the  grounds.  And  all  this  evidence 
about  keeping  men  at  the  arsenal  for  months  before  the  killing 
of  Senator  Goebel,  is  for  the  purpose  of  showing  that  Taylor 
and  Collier  and  others  had  in  view  the  killing  of  Senator 
Goebel,  and  that  they  wanted  the  military  to  be  ready  to  run 
down  to  the  State  House  and  protect  those  who  were  in  the 
killing  after  it  was  done. 


398          MY  ADDRESS  TO  THE  JURY 

I  do  not  think  I  have  misstated  the  position  of  the  prosecu- 
tion. Those  engaged  in  the  prosecution  are  in  that  contention 
as  they  are  in  others  they  have  made, —  they  are  either 
right  or  wrong.  And  if  the  militia  was  a  part  of  any  plan 
to  kill  Senator  Goebel,  the  testimony  ought  to  disclose  the 
fact,  and  so  far  as  I  am  individually  concerned,  gentlemen,  I 
have  never  fully  understood  the  force  of  the  argument  on  the 
part  of  the  prosecution  that  I  should  be  convicted  of  the 
murder  of  Senator  Goebel,  if  the  military  were  used  in  con- 
nection with  Senator  Goebel's  taking  off.  I  was  not  a  military 
officer.  I  didn't  order  out  the  military  after  Senator  Goebel 
was  killed ;  I  had  no  connection  with  the  military  in  any  way ; 
I  have  had  no  connection  with  General  Collier,  Colonel  Dick- 
son,  Colonel  Mengel  or  Colonel  Gray,  who  had  charge  of 
the  military,  and  if,  as  a  matter  of  fact,  the  military  were 
used,  as  is  alleged  by  the  prosecution,  I  can  not  understand 
why  I  should  be  held  responsible  for  its  use. 

But,  gentlemen,  was  the  military  so  used?  What  does  the 
evidence  disclose?  There  are  a  number  of  witnesses  both  on 
the  part  of  the  defense  and  the  prosecution  who  testify  that 
at  least  a  part  of  the  military  company  was  kept  at  the  arsenal 
from  the  November  election  of  '99  until  Senator  Goebel  was 
killed ;  and  there  are  a  number  of  witnesses  who  testify  that 
the  militia  came  to  the  State  House  from  within  eight  to  fifteen 
minutes  after  Senator  Goebel  had  been  shot,  while  the  wit- 
nesses for  the  defense  say  that  it  was  from  twenty  to  thirty-five 
minutes  after  Senator  Goebel  had  been  shot  before  the  arrival 
of  the  military  on  the  State  House  Square.  And  there  are  a 
number  of  witnesses  who  give  various  versions  as  to  why  the 
militia  was  called  out  at  all,  and  the  condition  of  affairs 
that  existed  at  the  time  it  was  called  out.  It  is  said  by 
the  prosecution  that  the  militia  was  called  out  to  protect 
the  guilty  from  arrest.  It  is  asserted  by  the  defense  that  the 
militia  was  called  to  protect  the  buildings  and  their  occupants 
from  mob  violence.  Let  us  look  into  those  claims,  gentlemen. 

You  remember  that  McKenzie  Todd  was  formerly  one  of 
the  witnesses  for  the  prosecution ;  he  was  in  the  reception- 
room  at  the  time  the  shot  was  fired.  He  told  you  there 
was  great  excitement  after  the  fatal  shot  had  been  fired ;  and 


399 

that  he,  for  one,  was  so  afraid  of  mob  violence  that  he  actually 
left  his  post  of  duty  and  sought  safety  in  flight.  He  told 
you  that  he  left  the  Executive  Building  and  went  to  the  home 
of  Captain  John  Davis. 

George  L.  Barnes  was  another  witness  in  this  case  who 
was  in  the  Executive  Building  at  the  time  the  shot  was  fired. 
He  tells  you  he  went  immediately  to  the  door  of  the  Exec- 
utive Building  and  that  he  saw  Mr.  Bill  Jett,  John  E.  Miles 
and  others  in  the  State  House  yard  and  heard  them  say 
that  the  thing  to  do  was  to  blow  up  the  Executive  Building 
and  murder  all  of  its  occupants.  He  told  you,  too,  that  there 
was  a  great  deal  of  excitement  and  a  great  many  threats  made 
against  the  occupants  of  the  building. 

R.  N.  Miller  was  an  occupant  of  the  reception-room  at  the 
time  the  shot  was  fired.  He  said :  "  The  clerks  were  all 
excited.  Everybody  was  asking  what  was  the  matter.  The 
people  began  to  gather  out  in  the  streets ;  word  was  started, 
I  don't  know  how,  that  they  were  going  to  mob  the  in- 
mates." 

Captain  Steve  Sharpe,  that  gallant  ex-Confederate,  told  you 
that  the  street  in  front  of  the  Capitol  building  was  filled  with 
a  threatening  and  excited  mob ;  that  he  went  to  the  Executive 
Building  and  tendered  his  services  to  Governor  Taylor  for  the 
purpose  of  preventing  mob  violence  to  the  occupants  of  the 
building  if  possible;  and  that  he,  at  the  instance  of  Governor 
Taylor,  gathered  together  as  many  men  and  guns  as  he  could 
find  for  that  purpose,  and  did  station  them  in  the  Executive 
Building  in  order  to  prevent  the  threatened  and  threatening 
violence. 

Captain  Delia  Walcott  told  you  of  threats  to  hang  Taylor 
and  all  the  Republican  officials.  Chief  Justice  James  H.  Haz- 
elrigg  and  others  told  you  of  an  excited  crowd  being  in  the 
streets.  George  Barnes  told  you  that  some  of  them  had  guns. 

If  there  had  been  no  testimony  to  the  effect  that  there  was 
great  excitement  and  danger  of  mob  violence  you  gentlemen 
would  know  that  from  your  own  experience.  The  wildest 
excitement  prevailed  and  the  danger  of  mob  violence  was 
imminent.  It  is  a  matter  of  current  history  with  which  all 
are  familiar  that  Senator  Blackburn  and  others,  three  days 


400          MY  ADDRESS  TO  THE  JURY 

after  Goebel  had  been  shot,  in  a  card  to  the  Democrats  of  the 
state,  pleaded  with  them  not  to  resort  to  mob  violence. 

Now,  gentlemen,  from  the  evidence  in  this  case,  can  you 
decide  that  the  militia  was  a  part  of  any  conspiracy  to  mur- 
der Senator  Goebel?  The  only  evidence  introduced  on  the 
part  of  the  prosecution  was  to  the  effect  that  soldiers  were 
kept  at  the  arsenal ;  that  they  were  there  for  months  before 
the  assassination  of  Senator  Goebel,  and  that  they  were  on 
the  State  House  Square  after  the  killing  within  eight  to 
fifteen  minutes,  while  the  defense  has  proved  to  you  beyond 
all  question  that  the  "  all  right "  telegrams  had  no  connection 
with  the  killing  of  Senator  Goebel.  General  Collier  and 
Colonel  Gray  and  Colonel  Mengel  all  testify  that  the  "  all 
right "  telegrams  were  arranged  between  them  on  the  eleventh 
of  January  for  Colonel  Gray  and  Colonel  Mengel,  of  the  First 
Kentucky  Regiment,  to  bring  their  regiment  to  Frankfort  in 
the  event  of  any  disturbance  of  the  public  peace  upon  the  re- 
ceipt of  the  telegram  "all  right."  These  three  witnesses  are 
not  contradicted  by  a  single  witness  on  that  point. 

Mr.  Todd,  Mr.  Miller,  Mr.  Barnes,  Mr.  Walcott  and  others 
tell  you  that  there  was  great  excitement  at  the  time  Senator 
Goebel  was  killed  and  that  threats  were  made  to  mob  the 
occupants  of  the  Executive  Building  and  to  blow  up  the  same. 
Miller  and  Shepherd  told  you  that  Captain  Davis  took  an 
order  from  Governor  Taylor  to  General  Collier  to  call  out 
the  militia  for  the  purpose,  as  the  order  expressed  it,  to  pre- 
vent the  destruction  of  property  and  the  loss  of  human  life. 
Collier  tells  you  that  he  received  that  order.  He  tells  you 
that  he  sent  John  Perkins  up  to  the  arsenal  to  tell  Captain 
Walcott  to  bring  a  portion  of  his  soldiers  to  the  State  House 
and  to  leave  a  part  of  them  there  to  protect  the  arsenal. 

But  why  leave  them  there  to  protect  the  arsenal,  gentle- 
men ?  It  is  the  contention  of  the  prosecution  that  the  company 
was  kept  at  the  arsenal  to  be  in  readiness  to  protect  those  who 
were  in  the  murder  of  Mr.  Goebel.  It  has  been  the  contention 
of  the  defense  that  they  were  kept  there  to  protect  the  prop- 
erty of  the  arsenal  and  for  the  purpose  of  suppressing  any 
disturbance  that  might  occur  in  Frankfort,  the  storm  center  of 
political  excitement  at  that  time.  When  Senator  Goebel  was 


ARSENAL  WAS  GUARDED  401 

killed,  part  of  the  men  were  kept  at  the  arsenal  for  the  pur- 
pose of  protecting  the  property  and  another  part  was  taken 
to  the  State  House  to  quell  any  riot  that  might  be  organized. 

If  the  militia  was  kept  at  the  arsenal  for  the  purpose  of 
assisting  in  the  assassination  of  Senator  Goebel,  as  is  claimed 
by  the  prosecution,  why  were  soldiers  kept  on  guard  duty  at 
night  at  the  arsenal  for  months  before  Senator  Goebel  was 
killed?  Why  keep  soldiers  on  guard  at  night  at  all?  Nobody 
will  contend  that  soldiers  could  be  used  in  the  night  time  for 
the  purpose  of  protecting  the  assassins  of  Senator  Goebel  from 
arrest.  Then  why  were  there  walking  sentinels,  guarding  the 
arsenal  at  night  time?  There  could  have  been  but  one  object, 
and  that  to  protect  the  property  of  the  arsenal  from  seizure, 
as  is  claimed  by  the  defense.  There  can  be  no  doubt  the 
arsenal  was  guarded  in  the  night  time  by  three  reliefs  of 
soldiers.  Julian  Kersey,  a  Commonwealth's  witness,  told  you 
that.  Then  the  claim  on  the  part  of  the  defense  that  the 
soldiers  were  kept  at  the  arsenal  for  the  purpose  of  protect- 
ing the  property  is  proven  by  witnesses  for  the  Common- 
wealth. Now,  what  about  the  other  part  of  the  claim  of  the 
defense  that  they  were  kept  there  to  suppress  any  disorder 
that  might  arise  and  that  they  were  called  out  immediately 
after  the  shooting  of  Senator  Goebel  for  the  purpose  of  pro- 
tecting the  occupants  and  the  attaches  of  the  Capitol  build- 
ings from  mob  violence?  Let  us  see.  Sam  Shepherd  told 
you  that  immediately  after  the  shot  was  fired,  he  advised 
Taylor  to  call  out  the  troops.  Taylor,  in  his  deposition,  told 
you  that  he  issued  such  orders.  R.  N.  Miller  told  you  that 
Captain  John  Davis  carried  those  orders  to  General  Collier. 
General  Collier  told  you  that  he  received  those  orders  and 
that  he  sent  John  Perkins  to  the  arsenal  with  orders  to  bring 
a  part  of  the  military  company  stationed  there  to  the  State 
House  grounds. 

John  Perkins  tells  you  that  he  carried  those  orders  from 
General  Collier  to  Captain  Walcott.  Collier  and  John  Perkins 
both  tell  you  that  Senator  Goebel  had  been  carried  out  of  the 
State  House  grounds  before  he  left  the  State  House  to  de- 
liver the  message.  Captain  Walcott  tells  you  that  he  received 
the  message  at  the  hands  of  John  Perkins,  the  janitor,  and 


402          MY  ADDRESS  TO  THE  JURY 

that  they  took  a  number  of  soldiers  that  had  been  ordered  out 
to  the  State  House  grounds  and  stationed  them  at  the  various 
gates  and  at  the  entrance  to  the  various  public  buildings  occu- 
pied by  the  Republican  officials. 

There  is  a  difference  of  opinion  as  to  when  the  company  at 
the  arsenal  reached  the  State  House  grounds.  The  prosecu- 
tion attempted  to  make  it  appear  that  the  company  at  the 
arsenal  had  received  its  orders  to  be  in  readiness  to  march 
to  the  State  House  grounds  and  protect  those  who,  they  claim, 
were  concerned  in  the  killing  of  Goebel,  before  the  shot  had 
ever  been  fired ;  but  there  is  no  evidence  upon  that  point,  gen- 
tlemen, and  if  the  prosecution  is  right  in  its  contention  that 
the  military  company  at  the  arsenal  knew  that  Senator  Goebel 
was  going  to  be  killed  before  he  was  killed,  and  was  there  in 
readiness  to  march  to  the  State  House  grounds  for  the  pur- 
pose of  protecting  those  committing  the  murder,  then  those 
men  in  that  military  company,  too,  gentlemen,  are  guilty  of 
the  awful  crime  of  murder;  and  I  ask  you,  Mr.  Franklin, 
why  it  is  that  these  thirty  men  comprising  the  military  com- 
pany who  were  stationed  at  the  arsenal  at  that  time  have  not 
been  indicted  for  complicity  in  the  murder? 

They  live  in  Franklin  County,  the  county  of  your  home. 
They  are  within  a  few  hundred  yards  of  your  residence,  and 
if  they  had  knowledge  that  Senator  Goebel  was  going  to  be 
killed,  and  did,  as  a  matter  of  fact,  go  to  protect  those  who 
did  the  killing,  they  are  as  guilty  in  the  eyes  of  the  law  as 
the  man  firing  the  shot,  and  why  have  they  not  been  appre- 
hended and  convicted? 

That  they  have  not  is  proof  positive  to  my  mind  that,  so  far 
as  the  militia  at  the  arsenal  is  concerned,  Mr.  Franklin  and 
these  gentlemen  do  not  believe  that  they  had  aught  to  do  with 
the  killing  of  Senator  Goebel.  And  if  the  prosecution  is  right 
that  the  militia  was  to  be  used  for  the  purpose  of  protecting 
those  who  were  guilty  of  the  murder  of  Senator  Goebel  from 
violence  or  arrest,  then  those  who  so  used  the  militia  should 
be  held  accountable  for  their  conduct.  If  one  of  the  vast 
throng  of  men  who  are  here  in  the  court  house  should  step 
down  on  the  streets  of  Georgetown  and  kill  a  man,  it  would 
not  be  fair  or  just,  gentlemen,  for  you  or  me  to  be  taken  up 


WHO  CONTROLLED  THE  MILITIA     403 

and  tried  for  the  offense,  and  let  the  man  who  did  the  killing 
go  free. 

If  the  militia  was  used  for  the  purpose  of  protecting  the  one 
who  killed  Senator  Goebel  from  arrest  or  violence,  then  Gen- 
eral Dan  Collier,  Colonel  J.  K.  Dixon,  Col.  C.  C.  Mengel  and 
Colonel  Gray  used  the  militia  for  that  purpose.  Collier  was 
the  adjutant  general  of  the  state.  He  was  in  supreme  com- 
mand of  all  the  forces  of  the  state,  subject  to  the  orders  of  the 
chief  executive.  Collier  ordered  the  militia  from  the  arsenal  to 
the  State  House  after  the  killing  of  Senator  Goebel,  and  got 
the  troops  on  the  ground,  according  to  these  gentlemen,  from 
within  ten  to  fifteen  minutes  after  the  shooting.  Collier  sent 
out  telegrams  all  over  the  state  to  the  various  military  com- 
panies to  come  to  Frankfort  at  once.  In  fact,  the  whole  of  the 
militia  of  the  state  was  called  out.  He  had  arranged  with 
Colonel  Gray  and  Colonel  Mengel,  of  Louisville,  for  them 
to  bring  all  their  forces,  the  troops,  ammunition,  arms  and 
men,  upon  the  receipt  of  the  telegram  "  all  right."  Colonel 
Mengel  tells  you  that  Colonel  Gray  and  General  Collier  met 
him  in  Louisville  and  arranged  with  him  what  "  all  right " 
meant  and  what  he  should  do  upon  the  receipt  of  such  a  tele- 
gram. Then,  of  course,  gentlemen,  Colonel  Mengel  and 
Colonel  Gray  were  also  in  the  conspiracy  to  kill  Senator 
Goebel,  if  the  militia  formed  a  part  of  that  conspiracy,  as 
these  gentlemen  claim.  There  is  no  escape  from  that  con- 
clusion. 

I  have  had  nothing  to  do  with  the  militia.  I  was  not  a 
military  officer.  And  there  is  no  proof  in  this  record  that  I 
ever  had  aught  to  do  with  the  militia,  except  the  bringing 
of  the  mountain  men  to  Frankfort ;  a  part  of  them  were 
men  who  belonged  to  the  military  company,  but  this  was  five 
days  before  Senator  Goebel  was  killed,  and  the  great  mass 
of  these  men  had  gone  back  to  their  homes.  I  had  nothing 
to  do  with  the  men  at  the  arsenal.  I  had  nothing  to  do  with 
the  ordering  out  of  the  troops.  I  took  no  part  in  the  assem- 
bling of  the  men  after  the  killing  of  Senator  Goebel  to  the 
State  House  Square.  Then,  if  that  was  a  part  of  the  con- 
spiracy to  kill  Senator  Goebel,  it  was  a  part  of  the  conspiracy 
with  which  I  had  nothing  to  do,  and  it  was  a  part  of  the 


4<H          MY  ADDRESS  TO  THE  JURY 

conspiracy,  if  conspiracy  it  was,  with  which  General  Col- 
lier, J.  K.  Dixon,  Colonel  C.  C.  Mengel  and  Colonel  Gray  did 
have  to  do ;  not  only  those  men,  gentlemen,  but  every  man 
who  brought  his  military  company  to  Frankfort  to  be  used 
for  that  purpose. 

Then,  if  the  militia  was  a  part  of  the  conspiracy  to  kill 
Senator  Goebel,  I  ask  you  why,  Mr.  Franklin,  you  have 
not  indicted  those  who  had  charge  of  the  militia?  also  the 
men  at  the  arsenal?  If  the  use  of  the  militia  was  a  part  of 
the  plan  by  which  the  murder  of  Senator  Goebel  was  to  be 
accomplished,  then  I  ask  you  why  you  have  not  indicted  the 
militia?  Why  have  you  not  indicted  General  Collier  and 
Colonel  Gray  and  Colonel  Dixon  and  Colonel  Mengel?  I  ask 
you  why,  Mr.  Franklin.  I  want  you  not  only  to  tell  this  jury 
why,  but  I  ask  you  to  tell  this  country  why.  Tell  us  why,  Mr. 
Franklin,  tell  us  why.  I  had  nothing  to  do  with  the  militia. 
And  if  the  use  of  the  militia  was  part  of  a  plan  to  accom- 
plish the  murder  of  Senator  Goebel,  then  I  had  nothing  to 
do  with  that  part.  Then  why  did  you  indict  me  and  let  Gen- 
eral Collier  and  these  other  gentlemen  escape?  If  these  men 
were  in  a  conspiracy  to  kill  Senator  Goebel,  then  they  ought 
to  be  punished.  Colonel  Dixon  has  walked  the  streets  of 
Frankfort  much  from  the  day  of  the  killing  of  Senator  Goebel 
until  this  good  day,  living  as  your  neighbor,  sir,  in  your  very 
town ;  he  is  living  there  now.  As  an  honest  man  and  an 
honest  officer,  why  have  you  not  apprehended  and  punished 
him,  if  he  is  guilty  of  the  murder  of  Senator  Goebel?  Gen- 
eral Collier  has  told  you  time  and  time  again  that  if  you 
wanted  him,  he  would  come  to  you,  and  save  you  any  trouble 
in  sending  after  him.  If  the  militia  were  a  part  of  a  con- 
spiracy to  kill  Senator  Goebel,  why  have  you  not  indicted  him? 
Why  have  you  not  indicted  Colonel  Gray  and  Colonel  Men- 
gel?  Will  any  one  contend,  seriously,  that  the  soldiers  were 
kept  in  the  arsenal  at  Frankfort  before  the  November  election 
for  the  purpose  of  killing  Mr.  Goebel  before  it  was  known 
who  was  elected  or  defeated ;  or  kept  there  for  the  purpose 
of  protecting  those  to  be  engaged  in  killing  off  enough  Re- 
publicans in  the  Legislature  to  give  the  Democrats  a  majority, 
when  it  was  not  known  they  would  have  a  majority. 


NO  MILITARY  CONSPIRACY         405 

By  your  own  conduct,  there  is  only  one  of  the  two  con- 
clusions that  can  be  drawn.  The  militia  was  either  not  a  part 
of  the  conspiracy,  or  you,  Mr.  Franklin,  have  sat  idly  and 
unconcernedly  by  and  witnessed  vile  conspirators  murder  one 
of  your  party  associates  and  then  stalk  over  this  land  undis- 
turbed by  those  whose  sworn  duty  it  is  to  prosecute  violators 
of  the  criminal  law. 

It  is  no  answer  to  say  that  you  will  do  it  in  the  future. 
You  know  the  law  in  this  state  is  that  persons  who  conspire  to 
commit  murder  can  be  indicted  in  any  county  in  the  state  in 
which  any  part  of  the  plan  to  murder  was  consummated.  If 
the  bringing  of  the  mountain  men  to  Frankfort  was  a  part  of 
the  conspiracy  to  murder  Senator  Goebel,  then  the  men  who 
came  to  Frankfort  could  have  been  indicted  in  any  county 
through  which  they  came.  They  could  have  been  indicted  in 
Fayette  County,  or  in  Madison  County,  or  in  the  county  of 
Clark.  If  the  militia  were  a  part  of  the  conspiracy,  then  Gray 
and  Mengel  could  have  been  indicted  in  Louisville.  Or  they 
could  have  been  indicted  in  Franklin  County,  and  you  could 
have  sent  the  cases  to  Bourbon  and  Woodford  and  Owen  and 
the  adjoining  judicial  districts  for  trial.  You  have  had  terms 
of  court  upon  terms  of  court  in  Franklin  and  Scott  counties, 
at  which  they  might  have  been  tried.  Then,  you  have  con- 
fessed by  your  own  conduct  that  the  militia  formed  no  part 
of  the  conspiracy  to  kill  Senator  Goebel ;  and  if  it  did,  gentle- 
men, I  had  nothing  to  do  with  the  militia  and  should  not  be 
held  responsible  for  the  acts  of  some  one  else. 

You  have  not  indicted  the  military  officers  and  the  con- 
clusion must,  therefore,  be  reached  that  the  militia  was  not 
used  by  anybody  for  the  purpose  of  protecting  the  one,  or 
ones,  responsible  for  the  killing  of  Senator  Goebel. 

Why  is  there  such  a  thing  as  the  militia  of  the  state?  What 
should  it  be  used  for?  You  read  of  the  militia  being  called 
out  to  protect  human  life  here,  and  human  life  there;  called 
out  to  prevent  the  destruction  of  property;  called  out  to  sup- 
press riot  and  prevent  bloodshed, —  that  is  what  the  militia  is 
for,  gentlemen.  That  is  the  reason  that  you  pay  taxes  to  pay 
the  salary  of  the  gentlemen  who  have  charge  of  the  militia  of 
the  state,  its  equipments  and  expenses. 


406          MY  ADDRESS  TO  THE  JURY 

The  defense  asserts  that  the  state  had  been  in  a  fever  of 
excitement  for  many  months.  The  defense  maintains  that  in 
every  city,  in  every  town,  in  every  community  and  at  every 
cross-roads  of  the  Commonwealth  the  people  were  stirred 
to  their  very  depths.  The  contention  of  the  defense  is  that 
even  before  the  killing  of  Senator  Goebel  there  had  not  existed 
such  bitter  feeling  between  neighbor  and  neighbor  and  be- 
tween friend  and  friend  since  the  late  war  as  existed  in  this 
state  prior  to  and  following  the  killing  of  Senator  Goebel. 
Our  contention  is,  gentlemen,  that  the  intensity  of  feeling  was 
such  that  it  divided  homes  of  this  country;  that  father  and 
son  would  not  sleep  under  the  'same  roof;  that  it  divided 
and  separated  congregation  and  pastor  and  that  partners  in 
business  dissolved  partnership.  That  is  our  contention. 

We  say  that  neighbor  was  arrayed  against  neighbor;  and 
that  wherever  men  met  whose  political  opinions  were  not  the 
same  there  was  always  danger  of  an  outburst;  that  the  whole 
of  Kentucky  was  like  a  powder-house,  ready  to  explode  at  any 
time  and  on  the  least  provocation.  Our  contention  is  that 
Frankfort  was  the  storm-center  of  all  the  angry  passions  of  the 
state;  that  there  the  excitement  was  the  greatest  and  the 
antagonism  the  sharpest;  that  there  bitter  feeling  was  the 
highest ;  that  there  were  two  forces,  one  on  the  one  side  threat- 
ening to  take  forcible  possession  of  the  offices,  and  one  on  the 
other  side  saying  they  should  not  do  that.  Everybody  knows 
how  barely  civil  strife  in  the  state,  civil  war  in  the  state,  was 
averted. 

Our  contention  is,  gentlemen,  that  it  was  the  duty  of  those 
who  had  charge  of  the  militia  of  the  state  to  keep  it  in  readi- 
ness at  all  times  to  quell  any  disturbance  that  might  arise. 
It  was  as  much  the  duty  of  the  militia  to  quell  a  disturbance 
that  might  have  arisen  between  the  two  political  forces  at 
Frankfort,  as  it  was  to  stop  any  other  disturbance  that  might 
have  arisen  anywhere  else  in  the  state. 

And  if  Taylor  and  Collier  and  others  called  out  the  militia 
for  the  purpose  of  keeping  down  mob  violence,  as  they  assert, 
it  was  certainly  the  duty  of  the  men  who  had  been  placed  to 
guard  the  gates,  the  doors  and  the  entrances,  not  to  let  any 
one  pass  through  the  lines  without  a  permit.  You  go  to  any 


MY  INVESTIGATION  407 

camp  of  soldiers  and  you  will  find  the  whole  guarded  by 
walking  sentinels,  and  all  who  enter  must  know  the  counter- 
sign, or  have  a  written  permit  from  the  commanding  officer. 
Any  other  arrangement  would  not  be  military.  Go  to  West 
Point,  go  to  Fort  Thomas,  go  to  the  encampment  of  the  State 
Guards  of  this  state,  and  you  will  find  they  all  do  it.  In 
every  war  that  this  country  has  ever  had,  there  was  never  a 
regiment  of  men,  there  was  never  a  soldier  camp  that  was 
not  guarded  in  this  way  from  the  enemy,  if  it  was  well  man- 
aged from  a  military  point  of  view. 

That  was  what  was  done  at  Frankfort.  The  Common- 
wealth asserts  that  the  square  was  barricaded  for  the  purpose 
of  protecting  the  assassin  from  arrest,  while  the  defense  main- 
tains it  was  for  the  purpose  of  preventing  mob  violence.  So 
far  as  I  am  individually  concerned,  gentlemen,  I  do  not  know 
why  it  was  done.  I  was  not  a  party  to  it ;  I  had  nothing  to  do 
with  it;  I  am  not  responsible  for  it.  But  if  the  evidence  and 
reason  can  be  relied  upon,  the  militia  was  called  out  to  pro- 
tect the  occupants  of  the  Executive  Building  from  mob  vio- 
lence. Taylor  did  not  do  what  I  would  have  done.  After 
the  militia  had  been  thrown  around  the  State  House  yard  I 
would  not  have  let  anybody  either  in  or  out  until  I  had  sent 
for  some  intimate  friend  of  Senator  Goebel  and  discussed 
with  him  the  best  means  of  bringing  the  guilty  to  justice; 
and  I  would  have  admitted  to  those  grounds  as  many  city 
officials  as  there  were  in  Frankfort,  and  would  have  rendered 
them  every  service  within  my  power  to  determine  who  were 
the  guilty  and  help  bring  about  their  arrest. 

After  I  got  back  to  Frankfort  from  Louisville,  I  did  what 
I  could  to  investigate  it.  I  sent  J.  B.  Matthews,  at  my  own 
expense,  to  Louisville  to  see  Miss  Weist,  to  learn  if  she  knew 
anything  about  the  killing.  Youtsey's  conduct  aroused  my 
suspicion.  I  knew  that  her  office  joined  his  at  the  time  of 
the  tragedy.  I  learned  that  she  was  in  her  office.  I  wanted 
to  see  what  she  knew.  I  told  Grant  Roberts  and  the  two 
Sweeney  boys,  who  worked  in  the  same  office  with  Youtsey, 
to  find  out  all  they  could  about  his  conduct  and  report 
to  me.  Would  I  have  done  that  if  I  had  been  impli- 
cated with  Henry  Youtsey  in  the  murder  of  Mr.  Goebel? 


408          MY  ADDRESS  TO  THE  JURY 

I  told  McKenzie  Todd  that  I  wanted  a  full  investigation  of 
the  case.  This  was  before  I  was  arrested,  and  when  suspicion 
rested  upon  my  office.  I  told  him  the  same  after  I  was 
arrested.  I  told  Matthews  I  wanted  a  full  and  complete  in- 
vestigation of  the  murder  of  Senator  Goebel.  I  employed 
J.  B.  Matthews  to  run  down  the  assassin.  He  tried  it.  He 
wanted  assistance.  He  told  George  Hemphill  and  myself  in 
my  office  before  my  arrest  that  Detective  T.  R.  Griffin,  of 
Somerset,  was  a  trustworthy  and  reliable  detective;  that  he 
would  let  the  facts  remain  where  he  found  them ;  that  he  would 
expose  the  guilty,  and  in  so  doing  would  shield  and  save  the 
innocent.  I  agreed  that  Griffin  be  called  in.  He  was  called 
in  and  put  to  work  on  the  case.  This  was  before  my  arrest, 
but  after  it  was  charged  that  the  fatal  shot  came  from 
my  office.  Griffin  was  told  that  I  would  try  to  get  the  Louis- 
ville defense  committee,  through  my  attorneys,  to  set  apart 
a  portion  of  the  defense  fund  to  pay  for  detective  service. 
This  was  not  accomplished,  and  Griffin  was  told  to  go  ahead 
with  his  investigations  and  unearth  the  guilty,  if  possible, 
and  for  his  services  rely  upon  the  reward  offered  by  the 
Commonwealth  for  the  conviction  of  the  guilty.  Griffin  prom- 
ised to  do  this.  I  had  no  money  of  my  own  to  employ  him. 
I  did  what  I  could  to  expose  the  guilty.  I  advised  with 
Judge  Yost  and  Governor  Bradley  about  going  to  the  prose- 
cution and  telling  them  what  I  had  found  out  and  offering 
my  assistance,  but  I  was  advised  that  I  would  be  misunder- 
stood. 

Taylor  did  not  do  what  I  would  have  done.  He  might  have 
acted  differently  in  a  cooler  moment,  and  he  might  not.  I  do 
not  know  anything  about  that,  but  if  he  did  wrong,  in  that, 
or  any  other  particular,  am  I  to  suffer  for  the  wrongs  of 
others?  Am  I  to  be  held  responsible  for  some  other  man's  ill 
judgment?  Keep  this  one  point  in  view,  gentlemen:  remem- 
ber that  I  was  not  a  military  officer,  and  that  there  is  no  proof 
whatever  in  this  whole  record  that  tends  to  show  that  I  had 
aught  to  do  with  the  militia.  I  brought  some  of  the  com- 
panies of  citizens  from  Eastern  Kentucky,  five  days  before  the 
killing  of  Senator  Goebel,  but  they  had  gone  home  and  I 
did  not  have  the  remotest  thing  to  do  with  surrounding  the 


BLOW  AT  CONSPIRACY  THEORY      409 

State  House  square  with  the  militia  after  the  killing  of  Sen- 
ator Goebel,  and,  therefore,  gentlemen,  I  could  not  have  had 
the  praise,  if  it  was  right,  nor  the  blame,  if  it  was  wrong. 

But  there  is  one  thing,  gentlemen,  that  must  convince  all 
sober-minded  men  that  the  surrounding  of  the  State  House 
with  militia,  after  the  shooting  of  Senator  Goebel ;  the  sending 
of  the  telegrams  "  all  right,"  and  the  calling  out  of  the  militia 
after  the  killing  of  Senator  Goebel,  formed  no  part  of  a  con- 
spiracy to  murder  him.  You  remember  that  Colonel  Gray  and 
General  Collier  met  and  had  a  conference  about  the  telegrams 
"  all  right ; "  at  any  rate,  Colonel  Gray  understood  what  to  do 
when  he  received  the  telegrams  "all  right," — that  he  was  to 
take  his  men  to  Frankfort  at  once  with  all  equipments.  He 
did  that. 

Then,  if  the  calling  out  of  the  militia,  after  the  killing  of 
Senator  Goebel,  was  a  part  of  the  plan  to  kill  Senator  Goebel, 
then  Colonel  Gray  was  in  that  and  understood  the  plan  and 
acted  in  concert  with  the  other  military  officers  in  getting  the 
militia  to  Frankfort,  in  response  to  the  telegrams,  "  all  right." 
Then  Colonel  Gray  must  have  been  a  party  to  that  part  of 
the  conspiracy.  Colonel  Gray  was,  and  is,  as  far  as  I  know, 
a  Democrat.  He  was  one  of  Mr.  Goebel's  supporters.  Then, 
you  are  asking  us  to  believe  that  one  of  his  own  political 
friends  entered  into  a  plot  to  bring  about  his  death. 

That,  gentlemen,  is  not  reasonable.  The  idea  of  any  set 
of  men  taking  a  Goebel  Democrat  into  a  conspiracy  to  murder 
Goebel !  This  is  proof  positive,  to  my  mind,  gentlemen,  that 
the  militia  formed  no  part  of  a  plan  to  kill  Senator  Goebel. 
The  fact  that  Colonel  Gray  is  a  Goebel  Democrat  and  the 
fact  that  Mr.  Franklin  has  not  indicted  Collier  and  Dixon 
and  Gray  and  Mengel  and  these  other  men  who  had  charge 
of  the  militia,  is  convincing  evidence,  to  my  mind,  that  Mr. 
Franklin  does  not  believe  that  the  use  of  the  militia  formed 
any  part  of  a  plan  or  plot  to  kill  Senator  Goebel,  or  he  would 
have  certainly  indicted  these  men  and  brought  them  to  justice. 
And  for  whatever  purpose  the  militia  may  have  been  used, 
I  had  nothing  to  do  with  the  militia.  Will  you  convict  me 
for  the  deeds  of  others  ?  No ;  you  will  not.  You  surely 
can  not.  I  beseech  you  never  to  let  it  be  recorded  in  the  pages 


410          MY  ADDRESS  TO  THE  JURY 

of  Kentucky  history,  a  state  whose  record  is  already  black 
enough  with  crime,  that  a  jury  of  that  state,  in  the  morning 
of  this  new  century,  the  best  century  in  all  this  world's  his- 
tory, with  all  the  achievements  of  the  mighty  past  thrown 
at  our  feet,  with  all  the  deeds  of  noble  manhood  and  splendid 
womanhood  to  light  our  path  to  duty  —  let  it  not  be  said, 
gentlemen,  that  in  response  to  the  wild  clamor  for  revenge  on 
the  part  of  interested  detectives,  known  perjurers,  and  blatant 
partizans,  you  were  induced  to  rob  a  young  Kentuckian  of  his 
good  name,  put  the  stripes  of  a  felon  around  his  limbs  and 
hurry  him  off  to  a  living  death.  And  all  this,  gentlemen, 
with  the  eyes  of  a  civilized  world  looking  on. 

This  trial,  gentlemen,  is  not  merely  of  to-day.  It  will  live 
as  long  as  our  state's  doings  are  read.  This  trial  is  not  over 
when  this  jury  is  dismissed  and  you  start  for  your  homes. 
As  far  as  my  individual  liberty  is  concerned,  that  will  have 
been  settled.  But,  at  its  conclusion,  will  begin  the  trial  of 
you,  gentlemen,  and  this  court,  before  the  great  bar  of  public 
opinion.  Yea,  that  trial  has  already  begun.  And,  ultimately, 
gentlemen,  the  integrity  of  the  courts  of  our  state  and  their 
reputation  for  fair  dealing  will  be  determined  in  accordance 
with  the  merits  of  the  case.  The  public,  yea,  posterity,  may 
have  its  deflections  here  and  there  in  arriving  at  just  con- 
clusions; prejudice  may,  for  a  while,  blind  the  eyes  of  men; 
temporary  interests  may  for  a  time  warp  their  sensibilities  and 
distort  their  judgment,  but  in  the  end  their  judgment  will  be 
clarified,  and  a  just  and  impartial  conclusion  will  be  reached 
concerning  the  merits  of  this  controversy. 

If  you  do  not  know  the  right  of  it;  if  you  are  not  able  to 
see  the  right  of  it ;  if  you  can  not  be  satisfied  beyond  all  doubt 
that  I  am  guilty,  it  is  your  duty,  under  the  law  and  under 
your  oaths,  to  give  me  my  liberty.  You  have  sworn  that  you 
would  do  that.  You  can  not  know  that  I  am  guilty,  because 
I  am  not.  And  in  this  state  of  uncertainty,  where  everybody 
is  wishing  to  know  the  truth  and  where  nobody  seems  to 
know  it,  had  you  not  rather  be  able  to  say  in  the  future: 
"  If  I  erred  at  all,  it  was  upon  the  side  of  mercy  and  hu- 
manity." You  would  take  pride  in  saying  that  all  the  days 
of  your  life.  Your  friends  would  take  pride  in  saying  it 


411 

of  you.  They  might  be  disappointed  for  the  time.  I  know 
full  well  the  prejudice  that  exists  in  this  case.  But  that 
feeling  is  rapidly  giving  away  and  by  and  by  those  who 
have  been  most  cruel  and  vindictive  will  be  remembered 
by  their  neighbors  as  men  who  can  not  be  trusted  to  do 
the  right  thing  when  pressure  is  brought  to  bear  upon  them. 
When  human  life  and  human  liberty  are  at  stake,  men  should 
be  careful  not  to  be  influenced  by  any  consideration  other 
than  the  guilt  or  innocence  of  the  accused,  and  they  should 
know  that  he  is  guilty  before  they  lay  hands  upon  his  liberty. 
Governor  Crittenden,  in  speaking  of  what  care  and  caution 
jurors  should  use  when  human  liberty  and  human  life  were  at 
stake,  and  how  sure  they  should  be  that  the  defendant  was 
guilty  before  they  bring  in  a  verdict  of  guilty,  addressed  a 
jury  thus:  "  But  upon  the  other  hand,  if  you  should  feel  that 
there  ought  to  have  been  a  verdict  of  guilty,  your  conscience 
will  be  easily  satisfied.  You  will  say:  If  I  erred,  it  was  upon 
the  side  of  mercy,  thank  God ;  I  incurred  no  hazard  of  con- 
demning a  man  who  might  have  been  innocent.  How  dif- 
ferent the  memory  from  that  which  may  come  at  any  calm 
moment,  by  day  or  night,  knocking  at  the  door  of  your 
heart,  and  reminding  you  that  in  a  case  where  you  were 
doubtful,  by  your  verdict,  you  sent  an  innocent  man  to  dis- 
grace and  to  death.  Oh !  gentlemen,  pronounce  no  such  ver- 
dict. I  beseech  you  not  to  do  it,  except  on  the  most  clear  and 
certain  and  solid  grounds.  If  you  err,  for  your  own  sake,  as 
well  as  for  that  of  the  defendant,  keep  on  the  side  of  humanity 
and  save  him  from  such  a  dishonorable  fate;  preserve  your- 
selves from  so  bitter  a  memory.  It  will  not  do,  then,  to 
plead  to  your  consciences  any  subtle  technicalities  and  nice 
logic;  such  cunning  of  the  mind  will  never  satisfy  the  heart 
of  an  honest  man.  The  case  must  be  one  that  speaks  for 
itself;  that  requires  no  reasoning;  that,  without  argument, 
appeals  to  the  understanding  and  strikes  conviction  to  the 
very  heart.  Unless  it  does  that,  you  abuse  yourselves,  abuse 
your  consciences,  and  irrevocably  wrong  your  fellow  man  by 
pronouncing  him  guilty.  It  is  life,  it  is  blood,  with  which 
you  have  to  deal,  and  beware  that  you  peril  not  your  own 
peace." 


412          MY  ADDRESS  TO  THE  JURY 

These  are  the  words  of  one  of  Kentucky's  greatest  gov- 
ernors ;  one  of  Kentucky's  greatest  Democrats ;  one  of  Ken- 
tucky's greatest  men.  He  says  that  the  case  must  be  one 
that  speaks  for  itself.  One  that  requires  no  reasonings  and 
no  argument,  but  strikes  conviction  to  the  very  heart.  He 
says  that  unless  it  does  this  you  abuse  yourselves  and  your 
conscience  and  irrevocably  wrong  your  fellow  man,  by  pro- 
nouncing a  verdict  of  guilty.  Oh,  my  God!  Is  this  case 
such  an  one  that  strikes  conviction  into  your  heart  without 
argument  ?  He  says  that  "  it  is  life,  it  is  blood,  with  which 
you  have  to  deal,  and  beware  that  you  imperil  not  your  own 
peace." 

This  occasion  will  soon  fly  by ;  these  prosecutions  will  soon 
be  over.  Whatever  the  verdict  in  this  case,  the  affairs  of 
this  great  world  will  still  go  on,  and  if  the  Democratic 
party  in  this  state ;  if  the  prosecution  in  this  case ;  if  the 
brothers  of  Senator  Goebel  really  want  to  try  Governor 
Taylor  for  alleged  complicity  in  the  murder  of  their  brother, 
they  will  soon  have  that  opportunity  if  you  will  do  justice 
in  this  case.  As  soon  as  I  am  acquitted,  as  I  deserve  to  be, 
Taylor  will  be  surrendered  for  trial  by  the  Indiana  authori- 
ties. If  you  want  to  try  him  in  these  courts,  instead  of  me, 
you  have  that  opportunity.  I  think  I  know  whereof  I  speak. 

But,  leaving  out  of  consideration  the  question  of  policy  and 
expediency,  justice  demands  that  I  be  given  my  liberty.  I 
implore  you,  gentlemen,  to  do  the  right  thing  in  this  case. 
Your  days  on  earth  may  not  be  many.  I  beg  of  you  not  to 
ruin  both  yours  and  mine.  The  Almighty  seems  to  have 
been  in  the  wake  of  those  who  have  been  doing  wrong  in 
these  cases.  At  any  rate,  gentlemen,  whatever  may  have  been 
the  cause  of  it,  those  who  have  been  most  vindictive  have 
met  with  misfortune. 

They  ask  you  to  rob  me  of  the  brightest  jewel  of  life  —  my 
good  name,  my  honor,  ah,  even  life  itself.  Your  faces,  gentle- 
men, tell  me  that  you  will  never  do  it.  It  was  not  enough 
to  take  my  office  from  me,  break  me  up  and  reduce  me 
to  poverty  and  want.  But  they  throw  me  in  chains  and  brand 
me  as  a  red-handed  murderer  for  resisting,  in  a  legitimate 
way,  the  taking  of  my  office.  They  brand  me  as  a  felon  for 


THE  MOUNTAINEERS  413 

doing  that  which  any  honest  man  on  earth  would  have  done. 
They  have  not  done  right  by  me,  gentlemen.  It  is  wrong;  it 
is  cruel ;  it  is  barbarous ;  it  is  an  awful  crime  against  me 
and  a  brutal  and  dangerous  stab  at  our  courts  of  justice  and 
our  country's  honor. 

Let  us  now  take  up  the  charge  on  the  part  of  the  prosecution 
that  the  bringing  of  the  mountain  crowd  to  Frankfort  con- 
stituted a  part  of  the  conspiracy  to  murder  William  Goebel. 

In  order  that  you,  gentlemen,  may  understand  fully  my  mo- 
tives in  bringing  that  crowd  to  Frankfort,  you  must  put  your- 
selves in  my  place.  The  best  rule  I  have  ever  discovered, 
gentlemen,  to  know  whether  I  have  been  wronged  or  insulted 
or  mistreated  by  anybody,  if  I  am  in  doubt  about  it,  is  to  put 
myself  in  his  place  and  surround  myself  by  that  which  sur- 
rounds him,  and  see  what  I  would  have  done  under  like  cir- 
cumstances. And  that  is  the  intention  of  the  law,  gentlemen, 
in  the  trial  of  those  accused.  It  is  the  duty  of  the  jury  to  put 
themselves,  as  nearly  as  possible,  in  the  place  of  the  accused, 
when  he  is  supposed  to  have  committed  the  crime  with  which 
he  is  charged.  I  ask  you  to  do  that  in  this  case. 

Over  three  years  have  elapsed,  gentlemen,  since  the  crime 
of  which  I  am  accused  was  committed.  It  would  be  unfair 
to  me  for  you,  gentlemen,  who  are  here  in  the  quietude  of 
this  little  city,  where  the  strifes  and  turmoils  of  three  years 
ago  are  not  now  felt,  and  scarcely  realized,  to  try  me  from 
the  jury-box  here.  I  ask  you  to  go  with  me  back  to  those 
unhappy  days  and  put  yourself  in  my  place. 

Suppose,  Mr.  Wyatt,  you  had  been  elected  to  the  office  of 
secretary  of  state,  as  I  was  elected.  Suppose  that  you  had 
spent  months  in  trying  to  get  the  nomination;  suppose  that 
after  you  had  spent  much  time  and  money,  you  finally  suc- 
ceeded in  getting  the  nomination  at  the  hands  of  your  party; 
suppose  that  after  you  had  been  nominated  you  entered  upon 
a  hard  canvass  for  the  election ;  suppose  that  after  many 
months  of  trying  labor  you  were  finally  elected  to  the  high 
office  of  secretary  of  state ;  suppose  that  the  Republican  party 
of  the  state  had  the  election  machinery  of  the  state  in  its 
hands ;  suppose  that  the  party  had  put  a  law  in  the  stat- 
ute books  of  the  state,  whereby  the  Legislature  had  the  power 


414          MY  ADDRESS  TO  THE  JURY 

to  appoint  a  state  board  of  three  election  commissioners; 
suppose  that  the  state  board  of  election  commissioners  had 
the  power  to  appoint  a  county  board  of  election  commissioners 
in  every  county  in  the  state;  suppose  that  the  county  boards 
had  the  power  to  appoint  the  election  officers  in  every  voting 
precinct  in  this  state;  suppose  that  the  three  state  election 
commissioners  all  affiliated  with  the  Republican  party  and  that 
the  law  which  gave  them  their  being  gave  them  the  power 
to  appoint  all  three  of  the  election  commissioners  in  each 
county  from  the  same  political  party. 

Suppose  that  the  members  of  the  county  board  and  the 
three  members  of  the  state  board  were  clothed  with  ministerial 
as  well  as  judicial  powers.  In  other  words,  that  they  not 
only  had  the  right  to  tabulate  the  returns  of  the  election 
and  to  issue  the  certificate  of  election  to  whomsoever  they 
desired  to  have  the  office,  but  that  they  sat  as  a  court  to  try 
all  contested  cases.  In  other  words,  if  they  had  issued  the 
certificate  of  election  to  your  Republican  opponent,  they  would 
then,  under  the  law  which  had  been  framed,  sit  as  a  court 
to  decide  whether  they  had  done  the  right  thing  or  the  wrong 
thing,  when  they  issued  to  your  Republican  opponent  the  certi- 
ficate of  election.  Suppose  that  the  precinct  election  officers 
and  various  county  boards  did  on  divers  occasions  throw  out 
the  legal  votes  which  you  had  received;  suppose  that  several 
precincts  over  the  state  had  been  contested  by  your  Republi- 
can opponent  on  one  flimsy  pretext  after  another,  and  that 
the  election  officers  had  refused  to  count  that  vote;  sup- 
pose that  several  whole  counties  had  been  contested  where 
you  had  received  a  large  majority  over  your  opponent,  and 
that  the  county  boards  had  refused  to  count  the  votes  of  these 
counties,  alleging  the  votes  had  been  cast  on  ballots  too  thick 
or  too  thin. 

Suppose  that  when  the  matter  came  up  for  decision,  the 
state  board  of  election  commissioners,  all  three  of  whom 
were  partizan  Republicans,  but  two  of  whom  were  lawyers 
and  honest  men,  decided  that  they  were  only  acting  then  in 
their  ministerial  capacity,  and  that  it  was  their  duty,  under 
the  law,  their  politics  notwithstanding,  to  give  the  certificate 
of  election  to  yourself  and  the  rest  of  your  Democratic  col- 


AN  IMAGINARY  CASE  415 

leagues  on  the  Democratic  ticket.  Suppose  that  a  majority 
of  the  board  did  do  all  this,  and  that  you  were  regularly  and 
legally  installed  in  office.  Suppose  that  your  Republican 
opponent  was  not  satisfied  with  that,  but  declared  his  in- 
tention of  still  prosecuting  the  contest.  Suppose  that  the 
two  Republicans  who  had  decided  for  you,  in  order  to  get 
out  of  the  unpleasant  predicament  in  which  they  were  placed, 
re'signed  their  positions  and  left  the  one  member  who  remained, 
and  who  had  decided  against  you,  to  appoint  two  other  mem- 
bers to  act  with  him  in  the  decision  of  the  contest.  Suppose 
that  he  appointed  two  Republicans,  whom  he  knew  would 
decide  with  him,  and  against  you ;  suppose  he  declared  his 
intention  of  doing  that  very  thing;  and  that  one  of  the  men 
whom  he  appointed  declared,  through  the  public  press,  his 
position  on  the  matter  before  it  came  before  him  as  judge, 
and  that  he  said  in  substance  that  he  would  decide  for  the 
Republicans  when  it  came  to  him.  Suppose  that  these  two 
men  appointed  a  third  member  equally  partizan ;  suppose  that 
the  trial  came  up  before  these  three  gentlemen ;  that  you  file 
an  affidavit  stating  that  they  would  not  give  you  a  fair  trial, 
and  that  you  did  not  want  them  to  try  your  case.  Suppose 
that  they  said  in  response,  there  was  no  law  whereby  you 
could  swear  them  off  the  bench,  and  that  they  proposed  to  try 
your  case;  that  the  law  under  which  they  were  serving  gave 
them  the  right  to  decide  your  case,  in  spite  of  the  fact  that 
they  had  already  virtually  said  they  would  decide  your  case 
against  you. 

Suppose  the  very  law  that  gave  them  the  right  to  so  act 
upon  your  case,  over  your  objection  and  your  protest,  said  in 
plain  words  that  the  decision  of  the  men,  who  refused  to  be 
sworn  off  the  bench  and  who  had  already  expressed  them- 
selves in  your  case,  should  be  final  and  conclusive.  In  other 
words,  when  they  decided  against  you,  which  they  were 
declaring  they  would  do,  that  you  could  not  take  your  case 
to  any  other  court  for  relief;  that  their  decision  settled 
it;  that  it  was  a  peculiar  court;  that  it  differed  from  the  cir- 
cuit court  in  that,  if  it  decided  against  you,  you  could  not 
carry  your  case  to  a  higher  court  for  relief.  That  in  that 
particular  it  had  privileges  denied  the  circuit  court  That  it 


416         MY  ADDRESS  TO  THE  JURY 

was  a  higher  court  than  the  court  of  appeals,  in  that  the 
court  of  appeals  could  not  review  its  findings;  that  its  de- 
cisions were  too  sacred  to  be  touched  by  human  hands.  Sup- 
pose they  should  say:  It  does  not  matter  what  we  decide; 
that  settles  it.  We  have  the  power  to  throw  out  the  votes 
of  one  county  in  the  state,  if  we  want  to.  We  can  throw  out 
two,  if  we  like,  and  that  still  is  our  business. 

Suppose,  Mr.  Wyatt,  that  you,  as  a  Democrat,  received 
seventy-five  thousand  majority  over  your  Republican  opponent 
and  that  the  state  board  of  election  commissioners  was  de- 
claring it  to  be  its  intention  to  throw  out  the  votes  of  the 
county  of  Scott,  and  the  county  of  Grant,  and  the  county 
of  Franklin,  and  the  county  of  Owen,  and  the  county  of  Henry, 
which  gave  you  a  majority.  They  would  not  touch  the  vote  of 
Knox  County,  although  the  same  grounds  existed  for  not 
counting  the  vote  of  that  county  as  existed  for  not  counting 
the  votes  of  Scott  and  Grant  and  other  counties.  Suppose 
that  it  had  been  in  their  power  to  throw  out  the  vote  of  every 
county  in  this  state  that  gave  a  Democratic  majority.  Then 
it  would  have  been  in  the  power  of  those  three  Republicans 
to  control  absolutely  the  distribution  of  the  offices  of  this 
state,  the  vote  of  the  people  to  the  contrary  notwithstanding. 

Suppose  that  these  three  Republican  commissioners  were 
under  no  bond  to  discharge  their  duty.  Suppose  that  you 
were  unable,  by  reason  of  the  law  under  which  they  were 
serving,  to  bring  a  civil  suit  for  damages.  Suppose  that  there 
was  no  law  to  punish  them  criminally  for  the  basest  and  most 
flagrant  violation  of  their  sworn  duty. 

Suppose  that,  in  addition,  gentlemen,  the  capital  of  this 
state  was  at  Barboursville,  Knox  County,  my  home.  Suppose 
that  these  three  Republican  commissioners  were  sitting  there 
in  the  heart  of  that  Republican  stronghold.  You  would  ex- 
pect to  find  all  the  town  authorities  and  officials  Republicans, 
all  the  police  of  the  town  Republicans.  Suppose  that  the  con- 
test of  your  case  was  going  on  under  these  conditions. 

What  would  you  have  done,  Mr.  Mitchell?  You  have  been 
elected  to  one  of  the  highest  offices  of  the  state  by  the  great 
Democratic  party.  You  had  been  commissioned  by  a  ma- 
jority of  a  Republican  returning  board  to  go  to  Barboursville 


BUT  ONE  COURSE  417 

to  take  charge  of  the  office  to  which  you  had  been  elected. 
Suppose  two  Republican  commissioners  had  given  you  your 
seat  and  you  were  there  discharging,  as  best  you  could,  the 
duties  of  that  office.  The  Republicans,  after  it  had  been 
given  to  you,  were  declaring  it  to  be  their  purpose  to  take 
the  office  from  you,  and  were  proceeding  to  do  it  under  the 
conditions  which  I  have  described.  You  were  chosen  by  the 
Democrats  of  the  state  to  look  after  their  interests.  The 
Republicans  were  threatening  to  overturn  the  voice  of  the 
people.  They  were  declaring  it  to  be  their  purpose  to  make 
slaves  of  the  people  of  the  Democratic  party;  slaves  so  far  as 
the  right  to  vote,  and  have  their  vote  counted  as  cast,  was 
concerned.  You  had  been  elected ;  you  were  their  representa- 
tive; they  were  looking  to  you  and  the  other  members  of  the 
ticket  to  protect  and  uphold  their  rights  of  citizenship. 

Now,  what  would  you  have  done,  gentlemen,  in  a  case  of 
that  sort?  You  would  have  been  forced  to  do  something. 
The  law  that  the  Republicans  enacted  for  the  purpose  of  rob- 
bing you  was  on  the  statute  books.  Under  that  law,  they  had 
their  officers  serving.  Under  it,  they  were  empowered  to  take 
your  office  from  you ;  and  from  whose  decision,  the  law  itself 
said,  there  was  no  appeal  possible  to  any  court  in  the  land  for 
relief. 

I  ask  you  what  you  would  have  done,  Mr.  Engle?  Would 
you  have  crept  quietly  out  of  the  town  of  Barboursville  on  the 
first  train,  gone  to  your  home  and  said  to  your  mother,  with 
trembling  lips :  "  Those  Republican's  have  contested  the  elec- 
tion of  my  office ;  they  are  threatening  to  take  it  from  me ; 
there  is  a  great  deal  of  excitement  up  there ;  I  am  afraid 
I  am  going  to  be  hurt ;  I  wish  you  would  tuck  me  quietly 
to  rest  in  my  little  baby  bed,  where  I  can  sleep  and  rest  and 
where  no  harm  can  befall  me,  and  let  me  remain  there  until 
this  excitement  is  over.  I  am  my  mother's  dear  little  boy, 
and  I  must  not  be  in  any  place  where  danger  might  befall 
me." 

Would  you  have  done  that,  Mr.  Engle?  You  would  have 
been  compelled  to  do  something.  You  either  had  to  stand 
your  ground  and  contend  and  fight,  if  necessary,  for  the  right 
and  liberty  of  your  people  or  hoist  the  white  flag  and  surren- 


418         MY  ADDRESS  TO  THE  JURY 

der.  What  would  you  have  done,  gentlemen?  You  know 
what  you  would  have  done,  and  so  would  I.  There  is  not  a 
man  of  you  but  what  would  have  stood  your  ground.  You, 
Mr.  Wyatt,  with  your  white  locks  and  matured  and  ripened 
judgment,  would  have  nailed  your  integrity  high  in  the  heavens 
and  would  have  stood  your  ground  until  the  last  drop  of  your 
blood  was  drunk  up  by  the  soil  of  your  state.  You  know  that 
you  would.  You  know  that  you  would  not  have  run  to  your 
home  and,  from  that  quiet  and  restful  and  undisturbed  re- 
treat, watched  the  proceedings  from  a  distance. 

Would  you  not  have  come  to  your  home  people,  to  the 
people  of  Scott,  Woodford,  Henry,  Owen  and  Bourbon  coun- 
ties, and  asked  them  to  go  with  you  up  to  Barboursville 
and  there,  by  petition  and  protest  and  remonstrance,  begged 
those  in  power  not  to  disfranchise  yourselves  and  your  coun- 
trymen, when  such  conduct  on  your  part  was  indorsed  and 
sanctioned  by  the  leaders  of  your  party?  You  might  not  have 
taken  your  guns  along,  but  more  than  likely  you  would,  if  you 
had  been  going  to  the  heart  of  Republicanism  in  this  state. 
More  than  likely  you  would,  if  you  knew  those  among  whom 
you  were  to  go  were  armed  to  the  teeth. 

If  you  had  not  tried  to  arouse  the  people  to  protest;  if 
you  had  not  tried  to  influence,  by  petition,  those  who  held 
the  fate  of  your  office  and  the  liberty  of  the  people  of  your 
state  in  their  hands,  I  ask  you  to  tell  me  what  you  would 
have  done  ?  Would  you  have  sat  tamely  around  on  the 
streets  of  Barboursville  and  have  said  that  it  looks  as  if  they 
are  going  to  rob  us ;  folded  up  your  arms  and  sighed  over 
what  you  were  about  to  lose?  Or  would  you  have,  by  every 
legitimate  mean's  in  your  power,  tried  to  preserve,  intact,  the 
liberties  of  the  people  and  prevent  the  fair  name  of  your 
state  from  being  stigmatized  with  the  robbery  of  the  dearest 
right  of  Kentucky's  freemen? 

Gentlemen,  that  is  what  I  tried  to  do  in  all  good  faith. 
What  was  left  to  the  people  to  do  but  petition  and  remon- 
strate? What  could  they  do  but  plead  with  those  in  power 
not  to  take  from  them  their  dearest  rights  and  most  valued 
privileges?  I  did  go  to  the  mountains,  gentlemen,  and  I 
brought  the  men  down  there.  I  felt  that  I  was  doing  my  duty 


NOT  IN  FRANKFORT  TO  SLAY        419 

to  my  state.  I  did  not  know  but  what  similar  expeditions 
might  come  from  other  parts  of  the  state.  I  did  not  know 
but  the  voice  of  the  people  might  be  heeded,  if  that  voice 
could  be  raised  sufficiently  loud  to  protest. 

It  was  as  natural  for  me  to  go  to  the  mountains  to 
get  men  as  it  would  have  been  for  you  men  to  come  to  the 
counties  of  Scott  and  Woodford  and  Bourbon,  the  counties 
of  your  home.  I  did  not  dream  of  a  conspiracy  to  murder 
Mr.  Goebel.  If  I  had  wanted  to  kill  him,  why  should  I  have 
wanted  to  bring  one  thousand  men  to  Frankfort  to  commit 
the  crime?  If  the  presence  of  mountain  people  in  Frankfort 
was  necessary  to  the  death  of  Mr.  Goebel,  why  did  I  not  have 
him  killed  with  the  first  crowd  I  brought  to  Frankfort?  The 
testimony  is  in  this  record,  gentlemen,  that  I  brought  some 
three  hundred  or  four  hundred  men  to  Frankfort  when  the 
election  commissioners  were  passing  upon  the  question  as  to 
whom  belonged  the  certificate  of  election.  For  what  purpose 
did  they  come  to  Frankfort,  gentlemen?  If  the  last  crowd 
was  brought  to  Frankfort  for  the  purpose  of  killing  Mr.  Goe- 
bel, as  these  men  assert,  why  was  it  necessary  to  bring  the 
third  crowd  to  Frankfort  before  doing  the  work?  There 
were  three  hundred  or  four  hundred  men  in  Frankfort  from 
the  mountains  soon  after  these  contests  were  first  instituted. 
That  was  more  than  there  were  in  Frankfort  at  the  time 
Senator  Goebel  was  killed.  If  the  presence  of  mountain 
men  was  necessary  for  the  killing  of  Senator  Goebel,  why 
was  he  not  killed  at  that  time?  What  sense  was  there  in 
bringing  these  mountain  men  to  Frankfort  for  the  purpose  of 
killing  Mr.  Goebel?  And  the  second  crowd  came  from  the 
twelfth  to  the  seventeenth  of  January.  There  were  some  one 
hundred  and  fifty  of  them  —  as  many  as  were  in  Frankfort  at 
the  time  Senator  Goebel  was  killed. 

Why  bring  these  men  to  Frankfort  and  let  them  go  away,  if 
it  was  the  purpose  to  have  some  one  of  them  kill  Sen- 
ator Goebel,  or  protect  the  men  in  the  building  after  it  was 
done?  Answer  me  that.  If  I  had  been  base  enough  to  have 
Senator  Goebel  killed  at  all,  I  was  base  enough  at  the 
time  the  first  crowd  of  men  came  to  Frankfort  and  I  could 
have  had  him  killed  at  that  time,  I  suppose,  as  easily  a*s  I 


420          MY  ADDRESS  TO  THE  JURY 

could  have  had  him  killed  later.  If  a  mountain  crowd  was 
brought  there  for  that  purpose,  as  is  asserted,  tell  me  why  it 
was  ever  necessary  to  bring  more  than  one.  Why  was  the 
first  crowd  of  four  hundred  men  permitted  to  come  to  Frank- 
fort and  go  away  without  doing  the  work?  Tell  me  that, 
gentlemen.  Why  was  the  second  crowd  ever  permitted  to  come 
to  Frankfort  and  return  to  their  homes  without  doing  the 
work?  Tell  me  that! 

If  I  could  have  got  some  member  of  the  last  crowd  to 
do  it,  I  see  no  reason  why  I  could  not  have  got  some  member 
of  the  first  or  second  crowd  to  do  it,  just  as  easily.  Do  you 
see  any  reason  why  I  could  not  have  done  it,  gentlemen; 
could  not  have  done  it  just  as  easily? 

The  first  crowd  was  brought  there  for  the  purpose  of 
showing  the  interest  the  people  felt  in  the  subject  matter, 
concerning  which  these  commissioners  had  to  deal.  Judge 
Pryor  and  Captain  Ellis  were  honorable  men.  They  both  had 
been  elevated  by  the  people  to  positions  of  trust  and  honor; 
the  people  had  confidence  in  them,  and  whether  they  decided 
that  we  had  been  legally  elected  because  it  was  a  fact,  and  out 
of  deference  to  the  will  of  the  people  expressed  at  the  polls, 
or  whether  they  did  it  as  a  cold,  unsympathizing  proposition 
of  law,  or  whether  they  did  it  because  it  was  right,  and 
because  the  people  were  demanding  fair  play,  we  may  never 
know;  at  any  rate,  the  people  did  come  to  Frankfort  at  that 
time  and  the  fact  remains  that  the  decision  of  that  board  was 
in  harmony  with  the  wishes  and  views  of  the  people  who  came 
to  Frankfort  from  the  mountains  when  that  canvassing  board 
was  in  session. 

We  believed  that  their  coming  to  Frankfort  had  a  good 
effect,  and  if  one  crowd  had  a  good  effect,  why  should  not  an- 
other crowd  have  a  good  effect  also  when  it  came  on  the  same 
mission?  The  first  crowd  of  people  came  to  Frankfort  solely 
for  the  moral  effect ;  so  did  the  third.  Do  you  suppose,  for  one 
moment,  gentlemen,  that  I  would  have  brought  one  thousand 
men  to  Frankfort  if  it  had  been  my  purpose  to  have  Senator 
Goebel  killed?  They  assert  that  these  men  were  all  con- 
spirators. Do  you  suppose  that  I  would  have  taken  into  my 
confidence  one  thousand  conspirators?  Would  I  have  held  a 


meeting  in  the  Agricultural  office  for  the  purpose  of  having 
murder  committed  by  men  who  had  never  before  seen  each 
other?  Would  I  have  given  out  money  in  such  large  sums  so 
publicly  and  so  promiscuously?  Would  I  have  taken  receipts 
for  the  money  and  from  so  many  people?  Would  I  have  left 
behind  me  written  evidences  that  I  had  entered  into  a  con- 
spiracy to  kill  and  murder? 

But  these  men  say  that  my  bringing  to  Frankfort  of  this 
large  "crowd  of  people  constituted  a  conspiracy  to  murder 
Senator  Goebel  and  the  Legislature.  A  conspiracy,  and  a 
thousand  people  in  a  con'spiracy !  Do  you  think  I  would  go 
to  the  mountains  of  Kentucky  and  take  a  thousand  people  into 
my  bosom  and  make  them  conspirators  with  me?  You  never 
heard  of  a  conspiracy  of  that  character,  where  the  taking  of 
human  life  was  intended.  The  bringing  of  that  mountain 
crowd  may  have  been  an  indiscreet  thing.  I  want  to  be  per- 
fectly frank  with  you ;  but,  as  far  as  the  conspiracy  is  con- 
cerned, you  know  you  would  not  take  a  thousand  people  into 
your  confidence  and  make  them  conspirators  with  you.  Do 
you  suppose  that,  if  that  meeting  in  the  Agricultural  office 
had  been  a  meeting  of  conspirators,  Culton  would  have  to  be 
introduced  to  Van  Zant, —  they  had  never  seen  each  other 
before ;  or  Van  Zant  would  have  to  be  introduced  to  Hamp 
Howard, —  they  had  never  seen  each  other  before,  and  that 
they  would  enter  into  a  conspiracy  with  themselves  and  me 
for  the  purpose  of  taking  a  man's  life?  That  is  unreasonable, 
and  the  prosecution  has  to  admit  it.  They  complain  loudly 
that  it  is  a  conspiracy,  but  when  you  get  down  to  the  bed-rock 
of  truth,  they  admit  it  was  not  a  conspiracy. 

There  were  eight  members  of  that  meeting,  and  out  of  the 
eight  members  but  three  have  been  indicted.  If  the  Agricul- 
tural meeting  was  a  meeting  of  conspirators,  why  indict  but 
three  of  the  eight?  If  it  had  been  a  conspiracy,  Mr.  Franklin, 
you  would  have  indicted  the  last  one  of  the  people.  You 
know  it,  and  I  know  it,  and  the  whole  country  knows  it,  and 
you  have  confessed,  by  your  failure  to  indict  them,  that  it 
was  not  a  conspiracy.  Do  you  believe  I  would  have  given  out 
one  thousand  dollars  on  that  occasion  and  have  taken  written 
receipts  for  it,  leaving  behind  me  written  evidence  of  the 


422          MY  ADDRESS  TO  THE  JURY 

fact  that  I  had  entered  into  a  conspiracy  then  and  there  to 
bring  about  the  death  of  my  fellow  man?  Do  you  think  I 
would  have  done  that?  Do  you  think  I  would  have  left  that 
meeting  and  gone  out  in  the  city  of  Frankfort  and  sent  a 
dozen  telegrams  to  people  out  in  the  country  —  Judge  Bing- 
ham,  Superintendent  Siler,  "Hop"  Donaldson,  Rice  and 
others,  telling  them  to  meet  me  at  London?  What  for?  For 
the  purpose  of  entering  into  a  conspiracy?  If  the  meeting  in 
the  Agricultural  office  constituted  a  conspiracy,  certainly  the 
meeting  at  London  constituted  a  conspiracy,  because  those 
people  met  on  exactly  the  same  mission  and  for  the  purpose 
of  carrying  out  exactly  the  same  purpose.  At  that  time  and 
place  there  met  Judge  Bingham,  Superintendent  Siler,  J.  H. 
Donaldson,  Captain  Rice,  Early  and  others,  and  none  of  these 
people  has  been  indicted  by  the  prosecution.  Many  of  them 
were  older  men  than  I,  and  knew  more  about  men  and  affairs 
than  I  do.  Then,  if  that  meeting  was  a  conspiracy,  these  men 
should  have  been  indicted.  Do  you  believe  that  if  that  meet- 
ing had  been  a  conspiracy,  I  would  have  given  out  a  lot  more 
money  and  taken  written  receipts  for  it,  leaving  behind  me 
further  evidence  of  the  fact  that  I  had  entered  into  a  con- 
spiracy to  murder  my  fellow  man?  Do  you  believe  I  would 
have  gone  to  Barboursville,  Ky.,  and  had  men  go  to  Frank- 
fort carrying  arms  openly,  calling  attention  to  the  people  all 
over  the  world  that  they  had  entered  into  a  conspiracy 
to  bring  about  the  death  of  their  fellow  man,  and  that 
they  wanted  to  give  it  all  the  publicity  possible?  It  is  unrea- 
sonable. 

If  the  bringing  of  the  mountain  crowd  to  Frankfort  was  a 
part  of  a  conspiracy,  why  have  you  not  indicted  Captain  Steve 
Sharpe,  who  presided  at  the  meeting  they  held  on  the  steps 
of  the  Capitol  of  the  state?  Why  haven't  you  indicted  Mr. 
Berry,  Mr.  Razor,  Judge  Catron  and  others  who  were 
appointed  a  committee  on  resolutions  at  that  meeting,  and 
presented  them  to  the  grand  jury  for  consideration?  Why 
not  indict  some  of  the  men  of  the  Blue-grass  who  partici- 
pated in  that  meeting? 

If  the  idea  had  been  to  take  human  life,  do  you  suppose 
I  would  have  had  the  men  carry  their  arms  openly,  come  on 


a  special  train  and  wear  badges,  thereby  warning  the  other 
side  that  we  were  there  and  to  get  ready  for  us?  Would  we 
have  notified  the  other  side  of  our  coming  if  we  had  intended 
to  kill  them?  If  it  had  been  the  purpose  of  the  mountain 
men  to  clean  up  the  Legislature,  as  Culton  puts  it,  would  it 
not  have  been  far  wiser  to  bring  only  small  arms  ?  One  pistol 
would  be  worth  a  dozen  rifles  in  a  close  fight  like  that. 

And  what  good  would  the  cleaning  up  of  the  Legislature  do 
me?  Would  you  have  taken  a  crowd  of  your  friends  up  to 
Barboursville  for  the  purpose  of  cleaning  up  the  Legislature  in 
the  case  I  have  supposed,  when  the  members  of  the  Legislature 
had  nothing  to  do  with  your  office,  and  when  the  mere  fact  that 
you  had  killed  a  member  of  the  Legislature,  or  a  Republican 
governor,  would  make  the  other  Republicans  who  had  charge 
of  your  contest  decide  against  you?  It  would  have  but  one 
possible  effect  on  the  contest  I  have  supposed,  and  that,  in  the 
excitement  of  the  hour,  when  the  blood  was  hot,  to  turn  you 
out  of  your  office,  whether  your  opponent  had  been  elected  or 
not. 

Do  you  suppose  that  I  would  have  brought  a  crowd  of  peo- 
ple down  to  Frankfort  for  the  purpose  of  killing  Mr.  Goebel, 
or  the  members  of  the  Legislature,  when  it  could  have  had  but 
one  possible  effect  on  the  office  I  was  trying  to  hold,  and  that 
to  deprive  me  of  it,  in  the  excitement  of  the  hour,  and  to 
incite  the  public  to  retaliation  against  the  outrage  done  in 
killing  members  of  the  Legislature,  or  the  contestant  for  gov- 
ernor? What  if  that  crowd  had  gone  up  into  the  halls  of  the 
Legislature  and  killed  a  dozen  members  of  the  Kentucky  Leg- 
islature, as  these  gentlemen  allege  was  the  purpose  for  which 
they  were  brought  to  Frankfort  ?  What  effect  would  that  have 
had  on  the  office  to  which  I  had  been  elected?  Let  us  see. 

Would  not  a  storm  of  indignation  have  swept  over  this 
state?  Would  not  the  people  have  stood  aghast  at  such  a 
procedure?  Would  not  the  heart  of  every  honest  man  in  all 
this  land  have  beat  with  indignation  at  such  brutal  and  cow- 
ardly atrocities?  If  the  Republicans  had  brought  about  such 
a  catastrophe,  would  not  the  whole  state  have  said :  "  Yes, 
take  th«ir  offices  away  from  them ;  they  are  unworthy  of 
them?"  Would  not  the  people  have  demanded  that  if  such  a 


424          MY  ADDRESS  TO  THE  JURY 

gang  of  vultures  had  been  elevated  to  high  official  position, 
they  should  be  taken  from  power  before  they  had  another 
opportunity  of  further  disgracing  our  state?  Would  not  I 
have  known  that  would  be  the  result  of  such  action? 
Would  I  not  have  known  that  such  a  course  would  take  from 
me  my  office?  Would  I  have  done  that  when  I  was  trying  to 
hold  it? 

If  I  had  been  so  constituted  as  to  resort  to  murder  in  order 
to  hold  office,  would  I  not  have  had  Mr.  Poyntz  killed  when 
Pryor  and  Ellis  resigned  from  office?  Had  he  been  dead, 
the  governor,  under  the  law,  was  the  man  who  had  the 
power  to  appoint  all  three  of  the  board  of  election  com- 
missioners. Had  Poyntz  been  killed,  Governor  Taylor  would 
have  appointed  three  members  on  the  state  board  of  election 
commissioners,  and  they  would  have  decided  that  I  was 
elected,  and  that  I  was  entitled  to  my  office.  That  is  the  law 
in  this  state.  No  well-informed  man  doubts  it 

If  I  had  wanted  to  kill  anybody,  in  order  to  hold  my  office, 
I  would  have  killed  somebody  that  would  have  done  me 
some  good.  Messrs.  Pryor  and  Ellis  resigned  their  office 
on  the  twenty-second  day  of  December,  1899,  and  Mr.  Poyntz 
did  not  appoint  anybody  to  fill  their  places  until  some  time 
afterward.  If  Mr.  Poyntz  had  been  killed  within  that  interval, 
the  law  is  as  plain  as  the  noonday  sun,  that  Taylor  had 
the  power  to  appoint  three  men  to  compose  the  state  board 
of  election  commissioners.  He  would  have  appointed  three 
Republicans.  These  three  Republicans  would  have  decided 
for  us  and  every  state  officer,  from  lieutenant-governor  down, 
would  have  been  holding  office  at  Frankfort  to-day,  and  no 
power  short  of  revolution  could  have  prevented  us  from 
doing  it. 

If  I  had  been  willing  to  commit  murder  in  order  to  hold 
office,  would  not  common  sense  say  to  do  it  that  way? 
But  here  you  have  me  charged  with  leading  a  conspiracy  to 
commit  murder  that  could  have  but  one  effect  on  the  office  to 
which  I  was  elected,  and  that  to  take  it  from  me.  In  one 
breath  you  say  that  I  am  a  fool  and  in  the  next  breath  you 
say  that  I  am  the  brains  of  the  alleged  conspiracy,  as  you  have 
asserted.  If  I  had  sense  enough  to  be  the  brains  of  one 


TRIED  TO  SERVE  THE  STATE         425 

conspiracy,  I  had  sense  enough  to  be  the  brains  of  another. 
And,  if  I  had  been  in  the  killing  of  anybody,  I  would  have 
been  in  the  killing  that  would  have  helped  Powers  to  hold 
his  office,  and  not  in  the  one  that  would  have  been  sure 
to  take  it  from  him.  Is  this  not  common  sense,  gentlemen? 
Would  I  not  have  procured  my  man  and  have  sent  him  to 
where  Mr.  Poyntz  was  and  there  have  killed  him?  They 
say  that  I  am  an  arch-conspirator  and  murderer,  and  a  fiend 
and  an  assassin.  Why  did  I  not  do  that,  gentlemen,  and  then 
get  a  pardon  for  the  man  who  did  it  and  one  for  myself  be- 
fore Governor  Taylor  was  ousted  from  office,  and  when  he 
had  the  legal  right  to  pardon? 

Why  did  I  not  commit  murder  that  would  profit  me  some- 
thing? Why  would  I  commit  murder  that  would  take  from 
me  that  for  which  I  was  contending  —  my  office?  Ah,  gentle- 
men, there  was  no  conspiracy  in  bringing  those  mountain  men 
down  to  Frankfort.  I  had  but  one  object,  and  only  one,  and 
that  was  to  serve  my  state  honorably;  to  represent  faithfully 
those  who  intrusted  me  with  power  and  office,  to  the  very 
best  of  my  ability;  to  preserve  to  the  legal  voters  of  this 
state  the  sacred  right  to  vote  for  the  candidates  of  their 
choice  and  have  their  votes  counted  as  cast ;  to  hold  the  office 
to  which  I  had  been  fairly  elected.  My  judgment  may  have 
been  at  fault,  but  my  intentions  were  honest.  If  mistake  it 
was,  it  was  one  of  the  head,  and  not  one  of  the  heart. 

When,  at  Barboursville,  at  the  meeting  in  the  Anderson  Ho- 
tel, Mr.  Black  suggested  that  it  would  be  impossible  to  keep 
those  men  quiet,  and  sober,  and  orderly,  I  agreed  to  put  a 
man  over  each  squad  for  that  purpose.  When  they  got  to  the 
depot  at  Barboursville,  Mr.  Trosper,  Mr.  Higgins  and  other 
witnesses  told  you  that  I  went  up  and  down  the  depot  and 
said  to  the  men  that  they  must  not  get  drunk  on  this  trip,  and 
that  they  must  keep  sober  and  orderly  and  conduct  themselves 
in  such  a  way  as  to  cast  no  reflection  on  their  end  of  the 
state.  Mr.  Lockhart  told  you  that  I  said  to  him  that  it  would 
not  be  very  safe  at  Frankfort  with  a  pistol,  and  it  would  not 
be  very  safe  without  one ;  that  I  advised  him  not  to  get  drunk 
when  he  got  to  Frankfort,  and  to  keep  off  the  streets,  to  keep 
sober,  and  to  keep  out  of  trouble.  Other  witnesses  told  you 


426          MY  ADDRESS  TO  THE  JURY 

that  I  went  through  the  train  twice,  between  Barboursville  and 
Frankfort,  and  cautioned  the  men  that  they  must  keep  out  of 
trouble.  Does  this  look  like  the  conduct  of  a  conspirator, 
gentlemen?  Those  men  were  instructed  to  wear  their  badges. 
If  they  were  going  on  a  mission  of  murder,  would  they  be 
advertising  it  to  the  whole  world? 

And  when  they  got  to  Frankfort,  what  did  they  do?  They 
stacked  their  arms ;  they  put  them  away.  If  murder  had 
been  their  mission,  why  put  away  their  instruments  of  war? 
If  they  went  down  there  to  kill  Senator  Goebel,  or  members 
of  the  Senate  or  House  of  Representatives,  why  did  they  not 
retain  their  arms,  and  use  them  for  the  purpose  for  which  they 
are  alleged  to  have  been  brought?  The  Legislature  was  in 
session  that  day.  Why  did  they  not  take  their  guns  and  go  up 
stairs  and  say  to  the  members  of  the  Legislature :  "  We  have 
come  to  settle  this  contest."  Why  give  thirty  minutes  in  which 
to  settle  it?  According  to  these  gentlemen,  these  mountain- 
eers would  rather  kill  some  one  than  not.  But  Culton  says 
the  Legislature  was  to  be  given  thirty  minutes  to  settle 
the  contest.  Cecil  says  fifteen  minutes.  Why  did  they  not  go 
up  there  and  say :  "  Gentlemen,  we  will  give  you  thirty  min- 
utes to  settle  this  contest ; "  and  if  they  did  not  settle  it  in 
thirty  minutes,  why  did  not  they  kill  off  enough  Democrats 
to  make  a  Republican  majority?  That  is  what  Golden  says 
was  the  program.  The  men  were  there;  they  had  their  guns 
there,  and  there  was  nothing  to  hinder  them  from  carrying 
out  the  program,  as  suggested  by  Golden,  and  Culton,  and  Cecil. 

The  old,  old  adage,  "  Actions  speak  louder  than  words,"  is 
applicable  to  this  particular  case.  Culton  said  that  they  were 
coming  down  there ;  that  they  intended  to  give  the  legis- 
lators thirty  minutes  to  settle  the  contest,  and  that  if  this 
was  not  done,  it  was  his  understanding  they  intended  to  kill 
them.  George  S.  Page,  who  was  a  member  of  the  meeting, 
at  which  I  was  supposed  to  have  made  such  a  remark,  testified 
that  he  did  not  hear  me  say  anything  of  the  kind.  T.  C. 
Davison  was  also  a  member  of  that  meeting,  and  he  said  that 
I  did  not  say  anything  of  the  kind.  George  S.  Page,  H.  H. 
Howard,  H.  S.  Van  Zant  and  T.  C.  Davison  attended  the 
Agricultural  office  meeting,  and  said  that  I  did  not  use  the 


AN  ABSURD  CHARGE  427 

words  attributed  to  me  by  either  Culton  or  Cecil,  but  that  I 
told  them  and  other  members  of  the  meeting  to  get  good  men 
to  come  to  Frankfort  for  the  purpose  of  petitioning  the  Legis- 
lature. 

But  the  best  proof  of  the  pudding  is  in  the  eating  of  it; 
and  the  best  proof  of  what  the  men  came  down  to  do  is  what 
they  did.  It  is  confessed  by  everybody  that  they  were  strong 
enough  to  have  carried  out  any  plan  or  anything  they  might 
have  determined  upon.  And  since  there  was  nothing  to 
prevent  them  from  giving  the  legislators  thirty  minutes  to 
settle  it,  and  if  they  did  not  do  it,  to  have  killed  the  last 
one  of  them ;  and,  since  they  did  not  kill  any  of  them ;  since 
they  never  tried  to  kill  any  of  them,  the  conclusion  is  inevi- 
table that  they  either  did  not  come  down  to  Frankfort  for 
the  purpose  of  killing  the  legislators  or  giving  them  thirty 
minutes  to  settle  the  contest,  or  they  failed  to  carry  out 
their  plans  when  they  did  come.  There  is  no  escape  from 
that  conclusion. 

We  have  heard  a  great  deal  about  the  killing  of  members 
of  the  House  in  the  hall  of  representatives,  but  we  have  heard 
nothing  about  a  fight  in  the  Senate,  or  killing  members  of  the 
Senate.  How  would  a  fight  in  the  House  chamber  affect 
Senator  Goebel  or  other  members  of  the  Senate?  The  two 
bodies  are  separate  and  distinct,  and  occupy  different  apart- 
ments, and  if  it  had  been  the  idea  to  kill  Senator  Goebel 
in  a  brawl,  the  idea  would  have  been,  not  to  have  a  fight 
in  the  House,  but  a  fight  in  the  Senate.  If  you  wanted 
to  kill  the  proprietor  of  the  Lancaster  Hotel,  here  in  George- 
town, in  a  fight,  would  you  go  into  the  Wellington  Hotel  and 
there  raise  a  fight?  You  would  go  to  the  hotel  whose  owner 
you  wanted  to  kill.  If  it  had  been  the  idea  to  kill  Senator 
.  Goebel  in  a  fight,  the  fight  would  have  been  raised  in  the 
Senate;  not  in  the  House.  That  is  common  sense,  gentlemen. 
These  gentlemen  realized  the  force  of  that,  and  in  their  effort 
to  try  to  avoid  the  effect  of  such  reasoning,  they  take  the  more 
absurd  and  ridiculous  position  that  the  idea  of  the  Republi- 
cans was  to  kill  off  enough  Democrats  to  make  a  Republican 
majority;  in  other  words,  instead  of  killing  one  man,  to  kill 
a  dozen  or  two. 


428          MY  ADDRESS  TO  THE  JURY 

If  a  fight  had  occurred  in  the  House  chamber,  what  would 
have  been  the  result,  aside  from  the  one  I  have  already  re- 
ferred to?  Only  one;  and  that  is,  that  a  great  many  of  the 
Republican  members  would  have  been  killed,  as  well  as  a 
great  many  Democratic  members.  And,  surely,  the  Republi- 
cans would  not  enter  into  arrangements  whereby  their  own 
members  were  to  be  killed,  or  any  part  of  them?  And  all 
this  talk  about  a  fight  in  either  House  has  either  been  lies, 
deliberately  sworn  to,  or  those  who  talked  it  are  maniacs. 

It  is  claimed  they  wanted  to  kill  the  senators  and  repre- 
sentatives, so  that  when  they  came  to  vote  on  the  question 
as  to  whether  Goebel  or  Taylor  should  hold  the  seat  as  gov- 
ernor, there  would  be  a  majority  for  Taylor,  and  the  way 
to  get  that  majority  was  to  kill  enough  Democrats  to  give 
the  Republicans  a  majority.  I  have  recently  looked  up 
just  how  the  members  stood  politically.  Counting  the  inde- 
pendent Democrats,  who  voted  with  the  Republicans  upon 
most  measures,  the  Senate  was  Democratic  by  two  votes; 
counting  the  anti-Goebel  Democrats  with  the  Republicans, 
the  House  was  Democratic  by  sixteen  votes,  so  that  on  joint 
ballot,  the  Democrats  had  a  majority  of  eighteen  votes ; 
then,  nine  of  them  would  have  to  be  killed  before  the  Repub- 
licans would  have  had  a  majority,  and  it  is  safe  to  say  that 
five  Republicans  would  have  been  killed  in  the  operation ; 
for  it  would  hardly  be  expected  that  all  of  them  would  escape. 

Then,  gentlemen,  is  it  not  true  that  if  there  had  been  any 
arrangement  by  which  a  row  or  fight  was  to  take  place 
in  either  the  House  or  the  Senate  for  the  purpose  of  killing 
enough  Democratic  members  to  give  the  Republicans  a  ma- 
jority on  joint  ballot,  for  the  purpose  of  out-voting  the  Demo- 
crats and  seating  Governor  Taylor,  we  can  not  escape  the  con- 
clusion that  the  Republicans  must  have  been  warned  of  such  a 
procedure  on  the  part  of  their  Republican  friends,  otherwise 
they  would  have  as  likely  been  killed  in  such  a  brawl  as  the 
Democratic  members. 

Excitement  was  extremely  high ;  trouble  was  expected  from 
the  country  at  large;  and  those  at  the  storm-center  of  the 
wild  excitement  that  prevailed  in  the  state  were  in  daily 
dread  that  an  outburst  might  come,  at  any  moment,  and  their 


AN  IDIOTIC  SUGGESTION  429 

lives  be  lost.  It  is  wholly  unreasonable,  gentlemen,  that  if 
there  had  been  a  movement  on  foot  on  the  part  of  any 
Republicans  in  Frankfort  to  slaughter  a  sufficient  number 
of  either  the  Democratic  members  of  the  House  or  Senate 
to  give  the  Republicans  a  majority  on  joint  ballot  —  I  say 
that  it  would  be  wholly  unreasonable  to  contend  that  the 
Republican  members  were  not  jiotified  that  such  a  catas- 
trophe was  coming,  and  warned  to  be  prepared  to  take  care 
of  their  own  lives.  The  prosecution  says :  "  Yes,  they  were 
notified,  and  they  were  to  fall  flat  on  the  floor  upon  the 
firing  of  the  first  shot."  Then,  gentlemen,  if  they  were  warned 
that  such  a  movement  was  on  foot,  they  became  a  party  to  this 
alleged  con'spiracy. 

Then,  you  have  forty-two  members  of  the  House  and 
eighteen  members  of  the  Senate  who  were  parties  to  this 
conspiracy,  if  such  there  was,  to  bring  about  the  death  of  -Sen- 
ator Goebel.  And  if  they  were  in  the  conspiracy,  Mr.  Franklin, 
why  have  you  not  indicted  and  convicted  them?  This  county 
would  like  to  know  that.  I  fall  at  your  feet  and  beg  for  that 
little  crumb  of  information. 

Again,  no  man  will  believe  that  all  the  Republican  senators 
and  representatives  would  swear  falsely  if  they  were  placed 
on  the  witness-stand  in  this  case.  And  if  there  were  any 
plans  or  arrangements  by  which  the  Democratic  members  of 
either  House  were  to  be  killed,  the  Republican  members  would 
certainly  know  about  it;  and  if  you  believe  in  good  faith,  Mr. 
Franklin ;  if  you  have  any  faith,  Mr.  Campbell,  in  your  assertion 
that  there  was  such  a  conspiracy  to  murder  your  lawmakers 
or  lawbreakers,  as  the  case  may  be,  then  why  have  you  not 
called  these  Republican  members  who  must  have  known  about 
such  a  plot,  to  substantiate  Golden  and  Culton  and  Youtsey, 
et  id  omne  genus,  in  their  statements  to  that  effect,  when 
they  can  not  be  believed  unless  they  are  corroborated  and  when 
no  one  of  them  can  corroborate  the  other?  Then,  gentlemen, 
it  is  not  only  true  that  Culton  and  Golden  and  Cecil  and  Com- 
pany are  swearing  to  what  they  know  to  be  untrue,  but  it  is 
plain  that  the  prosecution  knows  there  was  no  such  conspiracy 
to  kill  off  enough  Democrats  to  make  a  Republican  majority; 
such  is  the  talk  of  a  lunatic,  an  empty-headed  idiot. 


430          MY  ADDRESS  TO  THE  JURY 

But,  for  the  sake  of  argument,  and  that  only,  let  us  sup- 
pose the  crowd  did  come  down  for  the  purpose  of  killing 
members  of  the  Legislature.  For  the  sake  of  argument,  and 
for  that  only,  let  us  admit  for  the  time  being,  they  did 
come  down  for  that  purpose ;  suppose  they  came  down  for  the 
purpose  of  blotting  Frankfort  off  the  map ;  suppose  they  meant 
to  overturn  civil  institutions  in  this  state  and  institute  in  their 
stead  a  reign  of  terror  and  bloodshed.  They  never  came 
for  any  such  purpose,  but  suppose  they  did,  it  is  beyond  dis- 
pute, beyond  question,  that  they  did  not  carry  out  the  pur- 
pose for  which  they  came,  if  they  came  on  any  such  purpose. 
They  came  to  Frankfort;  they  were  orderly;  they  petitioned 
the  Legislature;  they  went  home;  no  hair  on  the  head  of  a 
single  man  was  harmed.  If  they  came  to  the  capital  to  do 
violence  or  harm  they  did  not  do  either.  That  being  true, 
there  is  no  law  to  punish  them  for  intentions  which  were 
never  carried  out. 

Let  me  illustrate :  Suppose,  Mr.  Booth,  that  some  one  should 
go  to  the  home  of  one  of  your  neighbors  for  the  purpose  of 
stealing  one  of  his  horses;  suppose  that  after  he  got  there  he 
concluded  he  would  not  take  the  horse,  and  returned  home, 
leaving  the  horse  of  your  neighbor  undisturbed  and  un- 
harmed ;  would  any  one  contend  that  he  could  be  punished 
criminally  for  the  intention  he  entertained,  when  that  intention 
was  not  carried  out?  Nobody  would  contend  that.  There 
is  not  a  lawyer  on  the  other  side  of  this  case  who  will  slander 
his  professional  reputation  by  asserting  that  the  man  could  be 
legally  punished.  And  if  the  intention  of  the  mountain  men 
was  to  murder,  as  Culton  claimed  their  intention  was,  it  was 
not  carried  out.  If  some  man  in  thi's  house  had  it  in  his  heart 
to  murder  the  stenographer  here  when  this  court  adjourns ;  and 
if  when  court  does  adjourn  he  is  not  harmed,  there  is  no  law 
to  punish  the  man,  whatever  his  intentions  may  have  been, 
and  however  clearly  they  may  have  been  established.  So  you 
can  not  punish  a  man  for  his  intentions.  And  if  the  moun- 
tain people  did  come  to  Frankfort  for  the  purpose  of  giving  the 
Legislature  thirty  minutes  to  settle  the  contest,  it  is  evident 
they  did  not  carry  out  their  intentions,  and,  therefore,  they 
could  not  be  punished  for  coming  with  those  intentions. 


ALL  NOT  TO  BLAME  431 

And  it  naturally  follows  that  I  could  not  be  legally  punished 
for  bringing  the  mountain  people  to  Frankfort,  if  they  did 
come  on  a  mission  of  murder. 

But,  gentlemen,  they  came  with  no  such  intentions.  From 
the  time  they  entered  Frankfort  on  the  morning  of  January 
twenty-fifth,  until  they  left  it,  on  the  evening  of  the  same 
day,  their  conduct  bespoke  a  peaceful  mission.  It  is  a  dif- 
ficult matter,  as  you  gentlemen  know,  to  control  the  conduct 
of  everybody.  Because  one  man  disturbs  church  services, 
are  we  to  conclude  that  it  is  the  desire  of  all  present 
that  the  services  be  disturbed?  Because  some  one  of  the 
mountain  men  got  drunk  and  said  rash  things,  as  Mr. 
Vreeland  testifies  that  one  did,  are  we  to  conclude  that  all  the 
rest  of  the  men  indorsed  such  statements?  It  would  be  as 
fair  to  say  that  all  members  of  a  church  were  glad,  in  their 
hearts,  that  the  services  were  broken  up,  as  to  say  that  all  the 
mountain  crowd  indorsed  sentiments  of  violence.  The  way 
to  judge  the  purpose  of  a  congregation  at  church;  the  purpose 
of  a  mass-meeting;  the  purpose  of  any  public  meeting,  is  to 
decide  their  purpose  from  what  they  do  as  a  body,  and  not 
from  some  wild  saying  of  an  irresponsible  member.  Is  that 
not  true,  gentlemen?  How  else  can  it  be  done? 

Suppose  that  the  people  in  this  court-house  at  this  moment 
should  be  called  upon  —  the  citizens  of  Georgetown  —  to 
express  their  views  as  to  whether  a  certain  proposition 
should  be  enacted  into  a  law  by  the  town  authorities.  Suppose 
some  one  introduces  a  resolution  declaring  it  to  be  the  sense 
of  the  citizens  of  Georgetown  here  present  that  the  proposi- 
tion should  be  enacted  into  law,  and  the  chairman  of  the 
meeting  should  say  that  the  resolution  is  now  open  for  dis- 
cussion and  some  wild  fanatic  should  arise  and  say :  "  Mr. 
Chairman,  I  am  a  citizen  of  Scott  County  and  a  resident  of  the 
town  of  Georgetown.  I  have  helped  to  support  your  laws  by 
my  means  for  twenty  years.  Lawlessness  still  exists ;  I  am  in 
favor  of  wiping  out  of  existence  every  law  that  has  been 
enacted  by  the  authorities  of  this  town.  I  am  tired  of  law. 
I  am  not  only  in  favor  of  doing  that,  but  I  want  every  particle 
of  law  that  governs  the  conduct  of  the  people  of  this  state, 
whether  common,  municipal  or  statutory,  immediately  ren- 


432          MY  ADDRESS  TO  THE  JURY 

dered  void."  He  sits  down.  He  has  had  his  say.  The 
people  pay  no  attention  to  his  wild  vaporings,  but  go  ahead 
and  say,  by  an  unanimous  vote,  that  they  are  in  favor  of  the 
proposed  enactment  becoming  a  law  for  the  government  of  the 
town.  What  would  you  say  was  the  intention  of  that  meet- 
ing? Would  you  say  that  the  citizens  were  in  favor  of  law 
or  in  favor  of  no  law?  How  would  you  judge?  You  would 
judge  from  what  a  majority  of  them  did. 

And  if  one  of  you  gentlemen  should  be  indicted  for  partici- 
pating in  this  mass-meeting,  for  the  offense  of  being  opposed 
to  law  and  order,  Mr.  Franklin  and  these  other  gentlemen 
would  say,  in  their  appeals  to  the  jury,  that  you,  all  of  you, 
were  scoundrels  and  lawless  citizens  at  heart ;  that  you  did  not 
mean  what  you  said  when  you  voted  for  the  re'solution  for  the 
purpose  of  having  certain  laws  enacted  for  the  government  of 
the  people  of  the  town.  These  gentlemen  prosecuting  you 
would  say  that  you  were  doing  it  for  the  purpose  of  covering 
up  your  real  intentions.  Is  not  that  so,  gentlemen?  And 
when  some  mountain  man  at  Frankfort  on  the  twenty-fifth  of 
January,  not  a  member  of  the  meeting,  happened  to  say 
some  violent  words,  these  gentlemen  immediately  say  that  he 
gave  utterance  to  the  real  intention  of  the  coming  of  the 
mountain  people.  They  say  that  when  those  people  were  as- 
sembled in  a  peaceful  manner  and  passed  resolutions  begging 
and  pleading  that  their  votes  be  counted  as  cast,  asking  that 
our  public  servants  do  not  tarnish  the  fair  name  of  our  state 
with  the  overthrow  of  the  most  sacred  of  all  the  rights  of  the 
people,  it  was  a  blatant  mockery  of  their  real  purpose,  and 
that  they  did  not  mean  it. 

The  mountain  people  held  that  meeting  on  the  twenty-fifth 
of  January  when  the  noonday  sun  was  high  in  the  heavens. 
There,  in  plain  view  of  all  the  people  of  Frankfort,  on  the 
public  square  of  the  state,  and  on  the  threshold  of  the  Capitol, 
it  was  witnessed  by  friends  and  foes  alike.  Was  that  the  con- 
duct of  men  who  conspired  to  murder?  Ah,  gentlemen,  con- 
spiracies to  kill  and  murder  are  not  formed  or  carried  out 
that  way.  I  was  never  in  a  conspiracy,  gentlemen,  to  do 
violence  to  anybody;  but  from  what  I  have  seen  and  what  I 
know  of  humanity,  conspiracies  are  not  framed  in  the  open. 


NONE  BUT  A  FOOL  WOULD  DO  IT    433 

The  crimes  that  fill  the  annals  of  this  country  are  not  done 
with  humanity  gazing  on.  Burglars  make  their  way  to  your 
home  in  the  dead  hours  of  night,  when  you  and  the  rest  of 
humanity  are  supposed  to  be  embraced  in  the  sweet  arms  of 
sleep.  Thieves  roam  over  the  country  and  never  lay  hands 
on  that  which  is  not  theirs  when  mortal  eyes  are  supposed 
to  see  them.  Rapists  never  select  the  crowded  thoroughfares 
of  our  cities  in  which  to  commit  their  fiendish  crimes.  Con- 
spirators who  seek  the  life  of  their  fellow  men  do  not  hold 
public  meetings  in  the  blaze  of  the  noonday  sun,  on  the  Capi- 
tol square  of  their  state  —  in  the  midst  of  the  camp  of  their 
intended  victims  and  in  their  very  presence. 

If  the  bringing  of  that  mountain  crowd  was  any  part  of  a 
con'spiracy  to  murder,  and  if  I  had  a  hand  in  it,  I  ought  to  be 
sent  to  the  asylum  for  the  insane,  and  there,  with  raving 
maniacs  as  boon  companions,  spend  the  remainder  of  my  days, 
in  the  charge  of  those  whose  duty  it  is  to  care  for  the  helpless 
in  head.  But  these  gentlemen  assert,  both  publicly  and  pri- 
vately, in  court  and  out,  that  I  am  not  a  fool.  Then,  if  I  am 
not,  credit  me  with  more  sense  than  to  enter  into  a  conspiracy 
to  take  human  life  with  a  thousand  other  fellow  conspirators 
and  in  the  midst  of  a  crowded  city,  with  hundreds  of  those 
unfriendly  to  my  cause  looking  on,  and  in  the  very  heart  of  the 
camp  of  my  supposed  victims. 

The  assertion  on  the  part  of  the  Commonwealth  that  the 
bringing  of  the  mountain  crowd  to  Frankfort  constituted  a  part 
of  the  conspiracy  to  kill  Senator  Goebel,  is  an  evidence  of  the 
weakness  of  its  own  position.  The  sober-minded  part  of  the 
country  repudiates  such  a  charge.  The  sense  of  the  land  says 
that  could  not  be  any  part  of  a  conspiracy,  and  for  the  sake 
of  your  own  reputations,  gentlemen,  you  had  better  abandon  it. 

There  is  not  a  witness,  except  Cecil,  in  the  whole  of  the 
record  who  testifies  that  I  ever  had  the  remotest  connection 
with  any  mountain  man  from  the  twenty-fifth  to  the  thirtieth  of 
January ;  Cecil,  the  indicted  murderer,  robber  and  rapist !  Cecil, 
who  had  his  alleged  talk  alone  with  me !  Cecil,  who  is  swearing 
for  and  getting  immunity!  the  saintly  Cecil,  who  refused,  he 
says,  offers  of  money  for  murder  from  Taylor,  but  who  stands 
indicted  for  the  robbery  of  Mr.  Colgan  for  two  thousand  one 


434         MY  ADDRESS  TO  THE  JURY 

hundred  dollars !  There  is  no  proof  that  I  procured  any  of 
them  or  advised  any  of  them,  or  tried  to  get  any  of 
them,  to  kill  William  Goebel  except  the  testimony  of  the  pious 
and  godly  Cecil.  Wharton  Golden  himself  said  that  I  did 
not  have  any  talk  with  him  after  the  large  body  went  home. 
Culton  told  you  that  he  had  no  talk  with  me  in  reference  to 
the  men  remaining  over  at  Frankfort  or  the  work  to  be  done 
by  them ;  that  he  never  in  his  life  talked  to  me  concerning  the 
killing  of  Goebel. 

And  the  hopes  of  the  prosecution  upon  which  they  can  base 
a  conviction  is  that  the  men  came  upon  an  unlawful  mission, 
and  while  thus  engaged  in  that  unlawful  mission  Senator 
Goebel  was  killed,  which  charge,  you  know,  gentlemen,  is  un- 
founded, from  the  fact  that  nearly  all  the  men  had  gone 
home,  and  that  the  others  who  remained  had  as  much  right  to 
remain  in  the  city  of  Frankfort  as  you  or  I.  And  the  court 
told  you  further,  gentlemen,  in  the  admission  of  testimony 
to  show  threats  on  the  part  of  the  Democrats  that  they  in- 
tended to  take  forcible  possession  of  the  offices  as  soon  a's  the 
Legislature  and  the  contest  board  passed  upon  the  same, 
that  those  men  had  a  right  to  remain  on  those  grounds  for  the 
purpo'se  of  resisting  any  such  attempt.  If  some  one  should 
try  to  take  forcible  possession  of  your  home  and  throw  you 
bodily  out  of  it,  you  know  that  you  would  have  the  right  to 
resist  any  such  illegal  attempt,  and  you  know  further  that 
you  would  have  the  right  to  call  in  your  neighbors  to  help  you 
resist  it.  Those  men  had  the  right,  gentlemen,  to  remain  on 
those  grounds  for  that  purpose,  and  that  is  why  they  did  re- 
main. The  pro'secution  will  not  deny  that  they  had  the  right 
to  remain  there  for  the  purpose  of  preventing  or  helping  to 
prevent  the  Democrats  or  anybody  else  from  taking  forcible 
possession  of  those  offices.  And  nobody  asserts,  with  any  evi- 
dence to  support  it,  that  any  one  of  those  mountain  men  who 
remained  over  at  Frankfort  on  the  twenty-fifth  of  January 
killed  or  had  anything  to  do  with  the  killing  of  Senator  Wil- 
liam Goebel. 

Mr.  Franklin  did  not  believe,  and  does  not  now  believe, 
that  any  one  of  those  men  who  remained  over  at  Frankfort 
did  the  shooting  that  resulted  in  the  death  of  William  Goebel ; 


MOUNTAINEERS  DID  NOT  SHOOT    435 

for  when  he  came  to  make  the  indictment  against  the  men 
whom,  he  asserts,  killed  Senator  Goebel,  he  did  not  include 
within  it  a  single  mountain  man  who  came  with  the  large 
crowd  of  mountain  men,  nor  a  single  mountain  man  who 
remained  over  after  the  great  majority  had  returned  to  their 
homes.  And  if  no  man  who  came  with  the  mountain  crowd 
killed  Senator  Goebel,  even  if  I  brought  them  for  a  million 
unlawful  purposes,  how  could  I  be  held  responsible  for  the 
death  of  Senator  Goebel,  if  none  of  them  had  anything  to 
do  with  the  firing  of  the  shot,  nor  was  present  when  it  was 
fired? 

Bear  in  mind,  gentlemen,  that  no  man  who  came  with 
that  crowd  has  ever  been  indicted  for  the  firing  of  the  shot 
that  killed  Senator  Goebel.  There  have  been  only  five  men 
indicted  for  that  —  Holland  Whittaker,  who  lives  in  Butler 
County,  and  who  did  not  come  down  with  the  mountain 
crowd ;  Dick  Combs,  who  lives,  I  think,  in  Lee  County,  and 
who  had  nothing  to  do  with  the  mountain  crowd;  Jim  How- 
ard, who  was  not  with  the  mountain  crowd  and  had  nothing 
to  do  with  it ;  Berry  Howard,  who  was  not  among  the  moun- 
tain crowd,  did  not  come  with  it  and  had  nothing  to  do  with 
it;  and  Henry  E.  Youtsey,  who  lives  in  Campbell  County,  and 
who  was  at  Frankfort  and  had  nothing  to  do  with  that  moun- 
tain crowd.  He  says  he  did  not.  And  when  Mr.  Franklin 
came  to  make  the  indictments  against  the  men  who,  he  says, 
shot  and  killed  Senator  Goebel,  he  indicted  no  one  of  that 
mountain  crowd.  Mr.  Franklin  has  admitted  by  his  conduct 
that  William  Goebel  was  not  shot  by  any  man  of  that  mountain 
crowd,  because  he  did  not  indict  any  of  the  mountain  men  for 
doing  it.  He  says  that  Goebel  was  killed  by  Jim  Howard  and 
Henry  E.  Youtsey.  Howard  did  not  get  to  Frankfort  on  the 
thirtieth  day  of  January  until  within  less  than  an  hour  before 
Goebel  was  shot,  and  five  days  after  the  mountain  men  had 
come  to  Frankfort,  and  eight  hundred  out  of  the  one  thou- 
sand had  returned  to  their  homes.  Youtsey  did  not  come 
with  the  mountain  crowd,  and  had  nothing  to  do  with  it, 
if  his  own  testimony  can  be  believed.  Then,  if  no  member 
of  that  mountain  crowd  fired  the  shot  that  killed  Senator  Goe- 
bel, and  if  other  men  did  fire  the  shot,  as  the  Commonwealth 


436          MY  ADDRESS  TO  THE  JURY 

contends  by  their  action  in  indicting  others,  then  why  should  I 
be  held  responsible  for  bringing  them  to  Frankfort? 

But  suppose,  for  the  sake  of  argument,  that  some  of  the 
members  of  that  mountain  crowd  had  killed  Mr.  Goebel ; 
suppose  that  Jim  Howard,  and  Berry  Howard,  and  Henry 
E.  Youtsey,  and  Dick  Combs,  and  Holland  Whittaker  had 
never  been  indicted ;  suppose  that  some  of  the  mountain  men 
who  came  down  with  that  large  crowd  had  been  indicted  as 
the  ones  who  killed  Senator  Goebel,  would  it  follow,  as  a 
proposition  of  law  and  as  a  matter  of  justice,  that  I  ought  to  be 
convicted?  Should  I  be  convicted,  gentlemen,  on  the  plea  that 
had  the  mountain  men  not  come  to  Frankfort,  Goebel  might 
not  have  been  killed?  Should  I  be  held  responsible  for  every 
act  of  every  mountain  man  because  I  was  the  cause  of  his 
being  in  Frankfort?  Oh,  no,  gentlemen;  that  is  not  the  law, 
and  it  has  never  been  the  law.  Had  I  not  been  indicted  for 
the  murder  of  Senator  Goebel,  this  trial  would  not  now  be 
in  progress  in  this  city.  Had  I  never  been  born,  I  could  not 
have  been  indicted.  Am  I  to  be  held  responsible  because  the 
Creator  of  the  universe  gave  me  an  existence  here  on  earth  ? 

Were  my  trial  not  in  progress  here,  it  would  not  have  be- 
come necessary  for  the  Commonwealth  and  the  defense  to 
summon  a  lot  of  men  from  the  mountains  as  witnesses 
here  in  this  case.  If  some  of  these  witnesses,  who  have  been 
summoned  here  as  witnesses  for  the  defense,  should,  during 
their  stay  in  Georgetown,  rob  a  bank  or  plunder  a  store,  or 
kill  a  man,  would  it  be  fair  to  hold  me  responsible  for  either 
robbery  or  murder,  because  had  it  not  been  for  me  the  crime 
would  not  have  happened,  when,  as  a  matter  of  fact,  I  had 
nothing  to  do  with  the  crime?  I  was  the  cause  of  their  being 
in  Georgetown ;  I  summoned  them  as  witnesses,  and  after 
they  got  here,  without  my  knowing  it,  they  entered  into  a 
conspiracy  to  rob  a  bank,  or  kill  a  man;  and,  if  you  please, 
they  do  kill  one  of  your  Georgetown  citizens, —  am  I  to 
be  held  responsible  for  that?  And  if  I  were  the  cause  of 
those  mountain  men  getting  to  Frankfort,  and  if,  after  they 
got  there,  they  entered  into  a  conspiracy  to  kill  Senator  Goe- 
bel, should  I  be  held  responsible  for  that?  It  would  be  just 
as  fair  to  hold  me  responsible  for  the  supposed  murder  in 


DID  NOT  ADVISE  MURDER         437 

Georgetown  as  it  would  to  hold  me  responsible  for  the  mur- 
der of  Senator  Goebel,  under  such  circumstances  as  that. 

The  instructions  in  this  case  tell  you  that  if  I  counseled, 
or  advised,  or  procured  the  murder  of  Senator  Goebel, 
then  I  should  be  convicted.  And,  if  I  counseled,  advised  and 
procured  the  supposed  murder  here  in  Georgetown,  I  would 
be  guilty.  But  I  could  not  be  guilty  in  either  case  unless 
I  counseled,  advised  or  procured  the  murder.  If,  after  those 
mountain  men  got  to  Frankfort,  they  grew  impatient  and  came 
to  the  conclusion  that  they  would  end  the  contest  by  killing 
Senator  Goebel,  without  my  knowledge  and  without  my 
procurement,  and  they  did  so  kill  him,  is  there  a  sane  man 
upon  top  of  the  earth  who  would  contend  that  I  ought  to  be 
held  responsible  for  it  ?  Is  there  a  lawyer  on  either  side  of  this 
case  "who  would  slander  his  professional  reputation  by  assert- 
ing that  I  would?  Will  Mr.  Franklin  contend  before  you,  in 
his  argument,  that  if,  after  those  mountain  men  came  to 
Frankfort,  some  of  them  got  together  and  decided  that  they 
would  kill  Senator  Goebel,  without  my  knowledge,  yea,  even 
without  my  procurement,  and  did  so  kill  him,  I  ought  to 
be  held  responsible  for  that,  because,  had  it  not  been  for  me, 
they  would  not  have  been  in  Frankfort?  No,  gentlemen,  he 
will  make  no  such  contention  before  you.  We  are  all  a 
weak,  short-sighted  set  of  human  beings  here  in  this  world ; 
finite  creatures  with  finite  minds ;  born  into  this  world  with 
imperfections  and  short- comings.  Oh !  gentlemen,  if  we 
could  but  lift  the  golden  curtain  -that  shields  from  our  view 
the  mysterious  future ;  if  we  could  but  see  beyond  the  heights 
and  into  to-morrow;  if  we  could  but  know  of  approaching 
dangers  that  are  to  seal  the  doom  of  some  part  of 
humanity;  if  we  could  but  see  the  pitfalls  before  our  feet, 
a  great  part  of  the  misfortunes  and  calamities  and  tragedies 
of  life  could  be  avoided.  But  no  mortal  man  has  been 
vouchsafed  such  gifts.  There  is  but  One  who  is  omniscient; 
there  is  but  One  whose  brain  knows  all ;  but  One  whose  vision 
is  clear  enough  to  pierce  the  darkness  of  the  future  and  tell 
what  is  to  be  to-morrow.  If  I  could  have  known  that 
the  coming  of  those  mountain  men  would  result  in  the  death 
of  Senator  Goebel,  if  it  did  so  result,  they  never  would  have 


438          iMY  ADDRESS  TO  THE  JURY 

been  brought.  If  those  ignorant  people  living  at  the  base  of 
Mount  Pelee,  or  those  spjendid  Americans  living  at  Johnstown, 
had  known  what  was  about  to  happen  to  them,  they  would 
not  have  lost  their  lives.  And  for  you,  gentlemen,  to  say 
that  I  ought  to  have  known  that  the  bringing  of  the  mountain 
men  to  Frankfort  would  result  in  the  murder  of  Senator 
Goebel,  is  to  require  of  me  more  wisdom  and  foresight  than 
it  has  ever  pleased  an  All-wise  Creator  to  bestow  on  mortal 
man.  You  will  not  require  it  of  me.  But  if  the  prosecution 
can  be  relied  upon  to  name  the  men  who  fired  the  fatal  shot, 
none  of  the  mountain  men  had  aught  to  do  with  it.  No  one 
of  them  fired  the  shot;  no  one  of  them  was  present,  aiding 
or  abetting  those  who  did  fire  it.  A  different  set  of  men 
altogether  ha's  been  indicted  for  that. 

Let  us  now,  gentlemen,  turn  our  attention  for  a  few  min- 
utes to  the  pardon  issued  to  me  by  Governor  Taylor.  It  is 
claimed  by  the  prosecution  that  I  was  in  a  conspiracy  with 
a  number  of  others  to  bring  about  the  death  of  Mr.  Goebel, 
and  that  it  was  a  part  of  the  plan  for  Governor  Taylor  to 
pardon  all  those  implicated.  And  in  support  of  this  conten- 
tion they  continue  to  say  that  Taylor  did  pardon  myself  and 
others.  Let  us  look  at  this  a  moment,  gentlemen.  Let  us 
apply  the  test  of  reason  to  what  they  allege  to  be  true  and 
see  if  the  ground  they  take  is  tenable.  In  the  first  place, 
gentlemen,  no  one  of  the  pardons  was  issued  earlier  than 
the  afternoon  of  the  tenth  day  of  March,  1900.  They  were  not 
issued,  gentlemen,  until  after  Culton  had  been  arrested  and 
lodged  in  jail;  they  were  not  issued  until  after  warrants  of 
arrest  were  issued  for  myself  and  my  brother,  and  Finley 
and  old  man  Davis. 

The  testimony  in  this  case  is  that  on  the  night  of  the 
eighth  day  of  March,  1900,  Culton  was  arrested  and  an  at- 
tempt made  to  arrest  old  man  Davis  and  myself  at  his 
home  on  Lewis  Street,  in  Frankfort,  and  that  we  made  our 
escape  to  the  State  House  Square.  The  testimony  is  that 
during  all  the  day  following,  old  man  Davis  and  myself 
stayed  in  the  land  office,  and  on  the  evening  of  that  day, 
when  we  had  to  make  our  escape  until  the  mad  passion 
of  the  hour  was  over,  pardons  were  issued  to  us  as  a  mat- 


WHY  I  ACCEPTED  A  PARDON         439 

ter  of  temporary  protection.  It  is  in  evidence,  gentlemen,  that 
I  meant  only  to  go  to  the  mountains  of  Kentucky  and  there 
remain  until  the  excitement  died  away,  and  that  then  I  meant 
to  stand  my  trial.  You  remember  that  Captain  Davis  was 
issued  a  pardon  at  the  same  time  that  I  received  mine.  Who 
is  there,  gentlemen,  that  now  thinks  that  old  man  Davis  had 
anything  to  do  with  the  murder  of  Senator  Goebel? 

You  remember  that  on  the  night  of  the  ninth  of  March, 
after  officers  had  tried  to  arrest  him  and  me,  I  had  a  talk 
with  Judge  Yost  as  to  what  I  should  do.  Judge  Yost  was 
my  lawyer  in  my  civil  suit.  Judge  Yost  thought  it  advisable 
that  Captain  Dav^s,  and  myself  should  go  over  to  the  State 
House  grounds.  He  did  not  believe  that  we  could  possibly 
be  protected  by  the  civil  authorities ;  he  thought  the  state  of 
excitement  was  such  that  we  could  not  possibly  be  protected 
from  mob  violence.  You  remember  that  is  the  testimony  I 
gave,  gentlemen,  and  if  I  had  not  been  telling  the  truth  about 
it  Judge  Yost  would  have  been  called  as  a  witness  to  contra- 
dict me.  Judge  Yost  was  a  witness  in  the  Ripley  trial.  He 
has  been  before  your  grand  juries,  Mr.  Franklin;  you  know 
to  what  he  will  testify;  you  know  he  did  advise  me  that  the 
civil  authorities  could  not  protect  me.  You  remember  that 
he  stated  that  I  could  not  possibly  get  a  fair  trial  and  that 
if  I  could  get  to  the  mountains  of  this  state  and  remain 
there  until  I  could  get  a  fair  trial,  and  until  the  passion  of 
the  people  subsided,  he  believed  it  would  be  the  proper  thing 
to  do.  You  remember,  gentlemen,  Victor  Anderson,  one  of 
the  witnesses  for  the  prosecution,  testified  that  I  wanted  him 
to  get  Colonel  Breckinridge  for  me  over  the  telephone  on 
the  morning  of  the  tenth  of  March ;  I  testified  to  the  same 
thing,  gentlemen.  You  remember  I  told  you  that  I  wished 
to  consult  Colonel  Breckinridge  as  to  what  I  should  do,  but 
that  I  was  unable  to  get  him.  Remember,  I  said  to  you  that 
I  had  reasons  why  I  wanted  to  be  away  from  Frankfort  at 
that  time.  In  the  first  place,  I  did  not  feel  that  the  civil 
authorities  there  could  protect  me  from  mob  violence,  what- 
ever might  be  their  efforts  to  prevent  lawlessness.  Excite- 
ment ran  high.  Passions  were  inflamed.  I  did  not  be- 
lieve it  was  safe  for  me,  or  that  I  would  be  protected, 


440          MY  ADDRESS  TO  THE  JURY 

if  I  surrendered  at  that  time.  That  is  one  reason  why  I 
wanted  to  get  away.  Another  one  was  that  I  had  advised 
with  Judge  Yost,  a  lawyer,  about  the  matter  and  he  thought 
it  best  for  me  that  I  be  away  until  after  the  passions  of  the 
people  subsided.  Another  reason  is,  that  one  hundred  thou- 
sand dollars  had  been  appropriated  to  prosecute  the  men 
charged  with  connection  in  this  affair.  I  was  a  poor 
boy.  I  did  not  have  money  of  my  own  to  fight  properly  a 
case  of  that  sort.  That  is  a  great  deal  of  money  for  the 
prosecution  of  anybody  in  a  matter  of  that  kind.  I  knew  that 
it  would  be  almost  impossible  to  eliminate  politics  from  the 
trial  of  this  case,  and  especially  in  Franklin^ounty,  the  storm- 
center  of  excitement  in  the  state.  I  did  not  know  at  that 
time,  of  course,  that  I  could  get  a  change  of  venue  to 
this  county.  I  did  not  believe  that  if  I  were  tried  in  Franklin 
County,  where  excitement  ran  so  high,  my  innocence  would 
be  a  shield  to  me  in  the  courts.  Taylor  would  not  place  a 
squad  of  soldiers  around  the  jail  to  protect  me. 

Gentlemen,  I  did  not  believe  I  could  be  protected  by  the 
civil  authorities  in  Frankfort.  I  did  not  believe  I  could  get 
a  fair  trial  if  I  remained.  I  knew  that  my  attempt  to  escape 
to  the  mountains  was  of  doubtful  expediency ;  I  knew  the 
dangers  of  arrest ;  I  knew  how  attempted  escape  would  be 
construed ;  I  knew  how  a  pardon  to  me  in  this  matter  would 
be  interpreted.  I  was  not  unmindful  of  the  situation  of 
affairs,  and,  gentlemen,  I  want  you  to  put  yourselves  in  my 
place ;  that  is  the  best  way  to  determine  what  you  would 
have  done. 

Suppose  you  had  been  elected  to  a  state  office,  as  I  was 
elected ;  suppose  that  the  Republican  contestant  for  governor 
had  been  shot  down  as  Senator  Goebel  was  shot  down ;  sup- 
pose that  you  were  charged  with  the  assassination  of  the 
Republican  contestant  for  governor;  and  suppose  that  the  Re- 
publican press  of  the  state  was  loud  in  proclaiming  you 
guilty  and  was  daily  and  hourly  fanning  the  passions  of  the 
people  to  a  blaze.  Suppose  that  the  Republican  Legislature 
had  appropriated  one  hundred  thousand  dollars  to  prose- 
cute you ;  suppose  that  you  were  to  be  carried  into 
the  Eleventh  district  to  be  tried  for  the  alleged  conspiracy; 


DAVIS  CASE  RECALLED  441 

suppose  you  knew  that  in  that  district  you  '  would  be 
tried  by  a  Republican  circuit  court;  that  a  Republican  Com- 
monwealth's attorney  would  prosecute  you;  that  the  jurymen 
who  tried  you  would  be  summoned  by  a  Republican  sheriff, 
and  when  they  were  summoned  they  would  all  be  Repub- 
licans ;  suppose  you  knew  that  you  were  to  be  tried  in  that 
Republican  stronghold,  while  the  people  were  drunk  with 
passion  and  their  blood  was  hot  with  rage;  and  suppose  that 
the  prosecution  against  you  had  not  only  at  their  backs  the 
strong  and  powerful  arm  of  the  Commonwealth,  with  all  its 
resources,  but  it  had,  in  addition  to  that,  one  hundred  thou- 
sand dollars  of  the  people's  money  at  its  command 
to  purchase  testimony  against  you ;  and  suppose  your 
lawyers,  whom  you  had  employed  in  the  civil  suit,  and  upon 
whom  you  relied  for  counsel  and  advice,  told  you  that  you 
had  better  get  away  for  the  time  being;  that  the  people  of 
the  state  were  swept  off  their  feet ;  and  that,  in  time  of  ex- 
citement, people  apparently  go  mad,  their  reason  is  dethroned ; 
and  suppose  that  your  lawyer  should  say  that  you  had 
better  secure  a  pardon  and  get  away  to  save  your  life 
until  the  people  came  to  themselves ;  suppose  you  knew 
that  if  you  did  get  away,  whether  you  had  one  pardon 
or  a  thousand,  and  whether  you  tried  to  escape  one  time  or 
a  million,  you  knew  within  your  heart  of  hearts  that  you 
were  not  guilty  of  the  crime  with  which  you  had  been 
charged,  and  that  in  the  end  your  good  name  would  be  vin- 
dicated ;  suppose  all  this,  gentlemen ;  I  will  let  each  of  you, 
in  your  own  hearts,  answer  me  —  what  would  you  have 
done? 

Why,  it  is  not  the  first  time,  gentlemen,  in  the  history  of 
this  country  that  innocent  men  have  tried  to  escape  the  wrath 
of  indignant  people.  We  all  know  that  Jefferson  Davis,  the 
president  of  the  Southern  Confederacy,  after  the  Civil  War 
was  over,  and  after  he  was  threatened  with  arrest  for  trea- 
son against  the  United  States,  tried  to  escape  in  a  woman's 
dress,  and  was  captured  in  a  cornfield.  At  any  rate,  that 
is  the  generally  accepted  version  of  it.  Davis  knew  that  he 
was  not  guilty  of  treason ;  he  knew  that  he  had  fought  for 
the  South  and  its  cause,  a  cause  he  believed  to  be  right  and 


442  MY  ADDRESS  TO  THE  JURY 

to  be  his  duty.  He  fought  for  home  and  for  his  people ; 
his  cause  failed  and  he  was  charged  with  treason  and  tried 
to  escape,  gentlemen,  not  because  he  was  guilty,  but  to  save 
his  life  from  the  mad  storm  of  passion  that  raged  through 
the  whole  North.  And  you  remember,  gentlemen,  that  he 
also  accepted  a  pardon  for  treason  against  this  government. 
He  did  not  accept  a  pardon,  gentlemen,  because  he  was  guilty ; 
he  did  not  attempt  to  escape  because  he  was  guilty. 

So,  gentlemen,  this  is  not  the  first  time  in  the  history  of 
this  country  that  innocent  men  have  tried  to  escape  from 
unreasoning  hate  and  have  accepted  pardons  for  that  of  which 
they  were  not  guilty.  What  would  you,  gentlemen,  have  done 
had  you  been  situated  as  I  was  situated?  Would  you  not 
also  have  accepted  a  pardon?  Captain  John  Davis  tried  to 
escape ;  he  was  arre'sted  with  me ;  he  also  was  disguised  as 
a  soldier;  he,  too,  had  a  pardon  in  his  pocket;  and  who  is  it 
that  now  claims  that  old  man  Davis  was  guilty  of  having 
any  connection  with  the  murder  of  Senator  Goebel?  The 
prosecution  knows  that  he  is  not  guilty.  He  has  been  re- 
leased on  bond,  sent  home  and  told  that  he  could  remain 
with  his  wife  and  children.  You  know  that  he  is  not  guilty, 
and  yet  he  tried  to  escape.  The  very  men  who  the  prose- 
cution now  contends  fired  the  shot  that  resulted  in  the 
death  of  Senator  Goebel  have  no  pardons.  Isn't  it  in  evi- 
dence that  Jim  Howard  has  no  pardon?  Isn't  it  in  proof 
that  Youtsey  has  none?  These  are  the  men  behind  the  gun, 
according  to  the  prosecution,  and  yet  neither  of  them  has  a 
pardon,  while  Captain  John  Davis  and  Holland  Whittaker, 
whom  the  world  knows  to  be  innocent  of  the  crime  charged 
against  them,  both  have  pardons.  Then,  what  becomes  of  the 
claim  of  the  prosecution  that  pardons  were  issued  to  those 
implicated  in  the  murder  of  Senator  Goebel? 

And  if  the  pardon  had  been  issued  to  me,  as  these  gentle- 
men assert,  I  want  to  ask  you  if  you  don't  believe  that  I 
would  have  used  a  little  common  sense  in  the  issuing  of  that 
pardon,  if  I  had  been  implicated  in  the  murder  of  Senator 
Goebel.  I  want  to  ask  you,  gentlemen,  if  you  don't  believe 
that  I  would  have  used  a  little  common  sense  in  regard  to 
that  matter?  This  pardon  was  issued  on  the  tenth  day  of 


LEGALITY  OF  THE  PARDON          443 

March,  1900.  Senator  Goebel  was  shot  on  the  thirtieth  of 
January,  and  did  not  die  until  the  third  day  of  February ;  and 
the  contest  committee  did  not  try  to  declare  Goebel  gov- 
ernor until  the  second  and  third  days  of  February.  It  is 
not  asserted  by  anybody  that  he  was  legally  declared  governor 
until  the  nineteenth  of  February.  If  I  had  been  in  a  con- 
spiracy to  kill  Senator  Goebel,  don't  you  know  that  I 
would  have  had  that  pardon  issued  at  a  time  when  the  act 
of  Governor  Taylor  would  have  been  legal?  There  is  no 
question  about  the  legality  of  his  act  before  the  contest  com- 
mittee decided  against  him.  Why  did  I  not  have  the  pardon 
issued  after  Senator  Goebel  was  shot,  and  before  the  decision 
of  the  contest  committee?  There  could  not  have  been  any 
doubt  as  to  its  legality  at  that  time.  The  gentlemen  must 
either  think  that  I  am  a  fool,  or,  at  any  rate,  they  attribute 
to  me  most  idiotic  things.  After  the  contest  committee  had 
decided  that  Goebel  was  rightfully  governor  of  his  state,  and 
after  he  died  and  Governor  Beckham  stepped  into  his  shoes 
and  began  to  act  as  governor  of  this  state,  in  a  room  in  the 
Capital  Hotel  at  Frankfort,  and  the  contest  was  carried  to 
the  supreme  court  of  the  United  States,  don't  you  know 
that  if  I  had  been  guilty  and  the  pardon  had  not  been  issued 
before  the  contest  committee  decided  for  Governor  Goebel, 
we  would  have  had  Governor  Beckham  enjoined  from  act- 
ing as  governor  until  the  supreme  court  of  the  United 
States  passed  upon  the  legality  of  his  title;  and  had  the 
pardon  been  issued  before  it  did  pass  upon  it,  the  whole  of  the 
legal  fraternity  knows  that  under  that  state  of  the  case  the 
pardon  would  have  been  valid. 

Don't  you  know  that  if  I  had  been  guilty,  a's  these  gentle- 
men contend,  and  had  hoped  to  get  a  legal  pardon,  don't  you 
know  that  I  would  have  secured  a  pardon  during  this 
time  and  would  not  have  waited  until  the  contest  committee 
and  the  courts  decided  against  Governor  Taylor?  The  par- 
don was  issued,  gentlemen,  under  the  state  of  the  case  that 
I  have  attempted  to  describe.  It  was  issued,  not  because  I 
was  guilty,  but  issued  like  the  one  to  Captain  John  Davis 
and  to  Jefferson  Davis,  president  of  the  Confederacy,  and 
others. 


444          MY  ADDRESS  TO  THE  JURY 

But  this  contention  on  the  part  of  the  Commonwealth  in  re- 
gard to  the  pardon  and  to  my  attempted  escape,  is  like  other 
assertions  in  other  things.  Whatever  I  do  and  wherever  I  go, 
the  prosecution  construes  it  into  direct  and  conclusive  evidence 
of  guilt.  When  I  went  to  Louisville  and  locked  my  office 
door,  on  former  trials  they  said  it  was  almost  positive  proof 
of  my  guilt.  If  I  had  failed  to  lock  it,  it  would  have 
been  more  positive.  When  I  told  Burton  in  my  office  that  I 
would  withdraw  from  the  meeting  and  have  nothing  further 
to  do  with  it,  if  violence  was  talked  of,  or  contemplated,  the 
prosecution  says  that  I  did  not  mean  it;  and  when  I  called 
Todd  to  talk  with  Youtsey  and  persuade  him  from  any  un- 
becoming conduct,  they  say  that  I  didn't  mean  it;  and  when 
I  told  the  men  who  came  down  with  the  large  crowd  of 
people  in  front  of  the  depot  in  Barboursville,  that  they  must 
keep  sober  and  conduct  themselves  in  such  a  way  as  to  cast 
no  discredit  on  our  end  of  the  state,  the  prosecution  says 
the  reason  of  that  was,  I  wanted  them  to  keep  sober  in 
order  that  they  might  murder  their  fellow  man  more  ef- 
fectively. Mr.  Hendrick  told  you  that  I  perjured  myself 
on  the  witness-stand  because  I  testified  with  calmness  and 
deliberation.  What  would  he  have  said  if  I  had  testified 
otherwise?  He  said  that  I  was  guilty  because  I  left  my  office 
for  Louisville  the  Tuesday  morning  before  the  tragedy,  and 
that  I  am  doubly  guilty  because  I  returned  to  my  office  after 
the  shooting.  Whatever  I  do,  gentlemen,  it  is  twisted  into 
damning  evidence  against  me,  and  when  I  accept  a  pardon 
and  try  to  escape  to  the  mountains  of  Kentucky,  they  say 
that  it  is  positive  proof  of  my  guilt,  when  you  or  any  one 
else,  who  values  his  life,  would  have  conducted  him'self  as  I 
did,  under  the  circumstances  that  existed. 

And,  gentlemen,  there  is  proof  in  this  case  that  rebuts  all 
presumption  of  guilt  that  might  arise  in  the  minds  of  the 
most  skeptical,  either  from  my  accepting  a  pardon  or  from 
my  attempting  to  escape,  and  that  is,  gentlemen,  that  at  all 
times  and  under  all  circumstances  I  have  maintained  my 
innocence,  not  by  my  words  alone,  but  by  my  actions  as  well. 
Murder  will  out,  gentlemen ;  and  had  I  been  guilty  of  the  mur- 
der of  Goebel,  I  certainly  would  never  have  appealed  my  case 


PUT  YOURSELF  IN  MY  PLACE        445 

after  'the  first  jury  had  rendered  a  verdict  of  guilty  and 
sentenced  me  to  the  penitentiary  for  life.  We  all  know  that 
the  secret  of  murder  can  not  be  kept. 

Daniel  Webster,  in  one  of  the  finest  criminal  speeches  of 
his  whole  life,  said,  concerning  the  fact  that  murder  will  out: 
"  Such  a  secret  is  safe  nowhere  in  the  whole  creation  of  God. 
There  is  neither  nook  nor  corner  where  the  guilty  can  be- 
stow it  and  say  it  is  safe.  The  human  beaut  was  not  made 
for  the  residence  of  such  an  inhabitant." 

And  it  is  in  accordance  with  the  experience  of  mankind 
that  murder  will  out.  I  have  maintained  all  the  time,  and 
now  maintain,  that  the  murdei*r  of  Senator  Goebel  will  be 
known.  Could  I  have  afforded  it,  had  I  been  connected  with 
it  in  the  slightest,  to  appeal  my  case  after  having  been 
given  a  life  sentence  the  first  time?  Could  I  have  afforded 
to  appeal  my  case  after  I  had  been  given  a  life  sen- 
tence the  second  time?  Suppose  that  one  of  you,  gentlemen, 
had  been  guilty  of  the  awful  crime  of  assassinating  the  leader 
of  the  Republican  party,  and  suppose  that  you  were  being 
prosecuted  in  a  Republican  county,  before  a  Republican  cir- 
cuit judge,  with  a  Republican  sheriff  to  summon  the  jury, 
with  a  Republican  prosecuting  attorney  to  prosecute  you, 
with  the  resources  of  the  great  Commonwealth  of  Kentucky 
at  his  disposal,  and  with  one  hundred  thousand  dollars  laid 
at  his  feet  to  unearth  the  murderer,  with  detectives'  prying 
into  every  nook  and  corner  of  this  Commonwealth  and  into 
the  secrets  of  every  home  within  its  confines,  and  people 
daily  making  confessions  for  immunity  —  I  ask,  if  you  had 
been  guilty  of  the  awful  crime  of  assassination  under  such 
circumstances  as  these,  and  had  been  given  a  life  sentence, 
I  ask  you  if  you  would  not  have  accepted  imprisonment  with 
open  arms  and  risked  your  friends  to  come,  at  some  time, 
to  your  relief? 

If  you  were  guilty,  gentlemen,  you  would  not  know  on  what 
day  that  guilt  would  shine  forth  like  a  blazing  sun ;  you 
would  not  know  at  what  hour  your  connection  with  the  mur- 
der would  become  known  to  the  world,  with  one  great  politi- 
cal parfy,  to  say  the  least  of  it,  trying  to  make  known  your 
guilt;  with  the  resources  of  the  state  and  one  hundred  thou- 


446          MY  ADDRESS  TO  THE  JURY 

sand  dollars  and  droves  of  detectives  working  to  that  end. 
You  would  not  know  on  what  trial  your  life  would  pay  the 
forfeit  of  your  connection  with  that  murder.  I  ask  you,  gen- 
tlemen, as  sensible  men,  would  any  of  you  have  appealed  your 
case  the  first  time  under  the  circumstances  that  I  have  de- 
scribed? Would  you  have  appealed  it  a  second  time?  No, 
gentlemen,  you  would  not.  No  one  of  you  would,  had  you 
been  guilty.  Neither  would  I,  gentlemen.  I  would  have 
been  glad  to  save  my  life  and  look  forward  to  some  time 
when  my  friends  could  come  to  my  relief  and  secure  my 
liberation. 

Put  yourselves  in  my  place.*  Suppose,  Mr.  Booth,  you  were 
the  defendant  in  this  case  instead  of  me.  Suppose  that  you 
had  your  case  in  the  court  of  appeals  the  second  time, 
November  thirtieth,  1902.  Suppose  on  that  day  Henry  Yout- 
sey  had  given  a  statement  to  the  country  that  he  was  willing 
to  go  on  the  witness-stand  and  tell  all  he  knew.  Suppose 
that  you  were  alleged  to  be  implicated  with  him  in  the  murder 
of  Senator  Goebel.  Suppose  the  prosecution  had  always 
maintained  that  the  fatal  shot  was  fired  from  your  office  and 
that  you  were  instrumental  in  having  it  fired  from  there. 
Suppose  you  had  been  convicted  on  two  former  occasions 
by  two  juries,  on  the  theory  that  Youtsey  and  others  had 
secured  the  key  from  you  or  your  brother,  as  a  means  of  entry 
to  the  office.  Suppose  the  minority  of  the  court  of  appeals 
had  accepted  that  view  of  it,  and  handed  down  dissenting 
opinions  in  your  case.  Suppose  that  most  of  the  testimony 
against  you  was  the  testimony  of  star-witnesses,  swearing 
for  immunity.  Suppose  you  knew  that  the  prosecution  had 
always  been  able  to  prove  by  such  men  any  statement  it  de- 
sired. 

Suppose  that  the  members  of  the  court  of  appeals,  that 
had  been  politically  your  friends,  had  changed  and  had  be- 
come politically  your  foes.  Now,  I  want  to  ask  you  this 
question :  If  you  were  implicated  with  Youtsey  in  the  mur- 
der of  Senator  Goebel,  and  he  was  declaring  that  he  intended 
to  take  the  witness-stand  and  tell  all  about  it,  wouldn't  you 
have  ceased  to  fight  your  case  at  that  moment?  Wouldn't 
you  have  had  your  lawyer  go  before  the  court  of  appeals 


"  I  AM  NOT  GUILTY  "  447 

and  dismiss  your  case  and  have  gone  to  the  penitentiary,  and 
possibly  have  saved  your  life  in  a  future  trial? 

Wouldn't  I  have  done  that?  Wouldn't  any  one  with  a 
spoonful  of  brains  in  his  cranium  have  pursued  that  course? 
Or  wouldn't  I  have  had  my  lawyers,  by  dilatory  tactics, 
push  my  case  over  into  the  January  term  of  the  court  of 
appeals  at  the  beginning  of  1903,  when  it  became  Demo- 
cratic, and  let  those  Democratic  judges  affirm  the  decision 
in  my  case,  and  go  to  the  penitentiary?  No  public  censure 
would  have  come  to  me,  because,  ostensibly,  I  would  have 
fought  my  case  to  the  bitter  end.  I  did  not  do  that;  I  am 
not  guilty. 

I  am  not  guilty;  my  conduct  proves  that.  And  if  your 
verdict  in  this  case  should  be,  "  We  agree  and  find  the  de- 
fendant guilty,"  if,  by  your  verdict,  you  should  blight  and 
ruin  the  life  of  one  of  your  fellow  citizens,  let  me  say  to  you 
now,  gentlemen,  that  you  will  regret  it  to  the  longest  day  you 
live.  I  am  innocent,  gentlemen ;  some  day  the  world  will 
know  it.  But  when  your  verdict  is  rendered  and  you  are 
dismissed  and  discharged  from  this  case,  if  it  should  become 
known  to-morrow  that  your  verdict  was  no  less  than  murder, 
your  power  to  undo  the  wrong  and  palliate  the  crime  you 
would  commit  would  be  beyond  your  reach.  You  can  neither 
correct  nor  modify  it.  All  the  sleepless  nights  you  would 
spend  over  it  could  not  alter  it;  all  your  bitter  tears  of 
regret  could  not  change  it.  Your  sobbing,  aching  hearts  and 
stinging  consciences  would  go  with  you  to  your  grave,  and 
still  you  would  have  done  that  which  your  suffering  could 
not  change,  your  agonies  could  not  alter. 

But,  gentlemen,  you  will  not  render  such  a  verdict.  The 
facts  proved  in  this  case  do  not  warrant  a  conviction. 
The  law  does  not  authorize  it,  and  you  are  going  to  give  me 
my  liberty.  The  scenes  of  this  trial  are  rapidly  coming  to  a 
close.  You  and  I  will  part,  possibly  never  to  meet  on  earth 
again.  I  never  cast  my  eyes  on  you  until  the  trial  began  ; 
I  may  never  see  you  more.  At  the  furthest,  gentlemen,  we 
shall  all  soon  be  laid  in  the  icy  arms  of  death.  We  owe  it  to 
ourselves,  to  our  families  and  to  our  country  and  to  our  God, 
to  be  honest  men  while  we  live.  Whatever  fate  befalls  us, 


448         MY  ADDRESS  TO  THE  JURY 

let  us  do  our  part  of  the  duties  of  life  and  meet  all  its 
responsibilities  like  men.  Let  not  our  pathway,  while  we 
live,  be  filled  with  cruelties  to  the  helpless,  wrongs  to  the 
unfortunate  and  injusti«e  to  the  innocent. 

We  are  a  band  of  brothers,  sent  here  to  earth  to  remain 
but  a  little  while,  to  fitly  prepare  ourselves  for  complete 
enjoyment  in  the  world  to  come.  I  know  of  no  better  way 
to  prepare  for  the  happy  realms  above  than  by  doing  good 
to  others  here  below.  You  have  it  in  your  power  to  lead  an 
innocent  man  to  the  gallows,  to  prison,  or  to  liberty.  And, 
remember,  that  the  good  you  do  to  others,  your  uprightness 
of  life,  your  stand  for  humanity  and  truth,  will  follow  you 
to  commend  you.  Whether  in  the  future  you  roam  over  dis- 
tant countries  or  sail  over  unknown  seas,  or  whether  you 
spend  the  remainder  of  your  days  on  earth  here  amid  the  best 
civilization,  the  most  hospitable  people  upon  which  the  sun 
of  heaven  has  ever  shone ;  wherever  you  may  be  and  in  what- 
ever circumstances  placed,  if  you  do  this  day's  business  aS 
justice  and  innocence  and  truth  demand  that  it  should  be 
done,  you  will  always  look  back  upon  it  as  the  most  glorious 
day's  work  of  your  whole  life. 

When  the  burden  and  cares  of  many  years  and  the  frost 
of  many  winters  and  the  decrepitude  natural  to  old  age  are 
bringing  you  nearer  to  the  dark  waters  of  death ;  when  you 
have  retired  from  the  battles  and  trifles  of  a  busy  life ;  when 
you  are  caring  less  about  the  politics  and  policies  of  this 
world,  and  more  about  your  safe  arrival  upon  the  shores  of 
the  next ;  when  the  mysteries  surrounding  this  awful  murder 
shall  have  cleared  away  and  the  guilty  be  known,  and  the 
innocent  are  relieved  of  suspicion ;  when  it  is  known  to  this 
world,  and  it  will  be  known,  that  an  innocent  young  man 
was  torn  from  a  position  of  honor  to  which  his  fellow  coun- 
trymen had  elevated  him,  and  driven  from  place  to  place  like 
a  common  criminal  in  shackles  and  chains  and  forced  to 
pine  away  his  young  life  in  a  prison  cell  with  worthless  ne- 
groes, crawling  lice  and  creeping  vermin ;  then,  gentlemen, 
your  hearts  will  bound  with  the  joy  of  youth,  and  your  good 
names  will  be  heralded  over  the  earth  as  being  just  men; 
men  whose  oaths  and  whose  sense  of  justice  and  devotion  to 


TOO  MANY  STAR-WITNESSES         449 

duty  lifted  them  above  the  mad  passions  and  prejudices  of 
the  hour,  impelled  them  to  render  a  verdict  in  accordance  with 
the  law,  the  evidence  and  justice.  It  will  be  a  verdict, 
gentlemen,  of  which  your  children  and  grandchildren  will  be 
proud ;  one  that  our  country  will  point  to  with  pride.  It 
will  bless  you  and  yours  as  long  as  life  lasts,  and  be  a  pass- 
port into  the  realms  of  bliss  beyond. 

And  I  know  that  you  are  going  to  give  me  my  liberty, 
gentlemen.  I  feel  it  in  the  very  air.  I  see  it  in  the  face's  of 
this  vast  crowd  of  listeners  whose  very  hearts  are  bleeding 
because  of  the  agonies  I  have  suffered  and  the  wrongs  I  have 
endured.  Witness  how  their  tears  are  flowing  because  they 
live  in  a  country  where  a  crime  worse  and  blacker  than 
the  awful  crime  of  assassination  has  been  inflicted  upon  one 
of  their  fellow  men,  under  the  forms  of  law  and  in  the  name 
of  justice.  I  feel  that  you,  gentlemen,  will  say  by  your  ver- 
dict, that  you  deplore  the  wrongs  of  the  past ;  and  that  you 
will  put  it  beyond  the  reach  of  mortal  man  to  repeat  them 
in  this  case.  I  believe  you  will  say  that  while  Kentuckians 
are  the  quickest  to  do  wrong  they  are  the  soonest  to  repent. 

Gentlemen,  there  are  too  many  men  swearing  for  immunity 
in  this  case;  too  many  swearing  for  money;  too  many  de- 
tectives ;  too  many  star-witnesses.  I  had  hoped  to  discuss  at 
some  length  the  star-witness  in  this  case,  but  I  have  already 
taxed  your  patience  too  long.  I  wanted  to  tell  you,  when 
Colonel  Campbell,  with  whip  in  hand,  took  a  front  seat  in 
the  band-wagon  of  safety  and  began  to  conduct  the  course 
of  these  proceedings,  and  ordered  that  all  who  would  ride 
with  him  should  have  everlasting  life,  so  far  as  he  was  con- 
cerned—  a  safe  journey  through  the  inviting  fields  of  freedom, 
and  a  continued  feast  on  that  one-hundred-thousand-dollar 
reward  fund  —  and  that  all  who  failed  to  take  advantage  of 
this  golden  opportunity  should  meet  with  death  and  destruc- 
tion, how  Golden  took  early  advantage  of  this  blessed  oppor- 
tunity, climbed  over  the  front  wheels  of  the  band-wagon  of 
immunity,  and  took  a  soft  seat  by  the  side  of  his  savior, 
Colonel  Tom  C.  Campbell. 

I  wanted  to  tell  you  how  Culton  was  led,  on  the  arm  of 
his  brother-in-law,  Ed  Hogg,  into  the  room  of  Colonel  Camp- 


450          MY  ADDRESS  TO  THE  JURY 

bell,  at  the  Capital  Hotel,  at  Frankfort,  and  there  told  such 
a  story  as  restored  to  him  his  liberty,  his  wife  and  loved 
ones.  I  wanted  to  tell  you  how  Cecil  found  his  way  from 
California  into  the  home  of  the  Commonwealth's  attorney, 
and  from  there  to  the  grand  jury- room,  and  from  there  to 
liberty,  and,  as  arranged,  came  here  to  Georgetown  and 
tried  to  swear  my  life  away.  It  was  my  desire  to  tell  you 
how  Youtsey  had  begun  making  confessions  within  six  hours 
after  he  was  lodged  in  jail,  and  how  he  said  at  that  time  to 
Colonel  Campbell :  "  /  never  discussed  the  killing  of  Goebel 
with  Caleb  Powers."  And  how  he  afterwards  changed  that 
story  when  he  had  been  kept  on  bread  and  water  for  eight 
consecutive  days  in  a  prison  cell  in  the  penitentiary  at  Frank- 
fort. I  wanted  to  tell  you  something  of  his  pretended  "  fits," 
on  his  own  trial,  and  how  he  tried  to  become  a  star-witness 
against  me  during  my  first  trial ;  how  he  accepted  a  life  sen- 
tence in  the  penitentiary  for  alleged  complicity  in  Goebel's 
murder,  and  how,  at  all  times,  he  had  maintained  his  inno- 
cence to  his  own  dear  wife.  I  wanted  to  tell  you  something 
of  how  Golden  and  Culton  and  Cecil  and  Youtsey,  according 
to  their  own  statements,  wanted  to  kill  and  murder,  before 
Goebel's  death,  and  how,  now,  they  have  pious  longing  in 
their  saintly  (?)  souls  to  spread  the  truth  broadcast  over  the 
land.  I  wanted  to  tell  you  with  what  "  coming "  appetites 
they  have  testified;  how  little  they  knew  when  they  began 
testifying  and  how  much  they  all  know  now ;  how  they  have 
given  to  the  world  new  and  revised  editions  of  "  all  they 
know  "  concerning  the  killing  of  Mr.  Goebel. 

It  frequently  occurs  that  books  of  various  character's  are 
often  revised,  giving  to  the  world  the  latest  and  best  thoughts 
of  authors  on  the  subjects  treated.  But  it  is  the  first  time 
that  I  have  ever  known  of  the  sworn  testimony  of  a  witness 
in  court  being  issued  in  so  many  new  and  revised  editions. 
It  has  always  been  my  idea  that  a  witness  was  sworn  to 
tell  the  truth,  and  the  whole  truth,  on  his  first  examination, 
and  that  he  is  supposed  to  do  it.  It  has  been  my  experience, 
gentlemen,  that  instead  of  one's  memory  increasing  with 
age,  it  often  becomes  faulty  and  treacherous.  It  is  the 
experience  of  humanity,  gentlemen,  that  the  further  in  point 


STRANGE  FEATURES  451 

of  time  events  are  removed  from  us,  the  more  dimly  we  see 
them.  Things  that  were  clear  and  vivid  when  they  occurred, 
become  faint  and  shadowy  by  the  lapse  of  time.  But  these 
star-witnesses  furnish  us  a  remarkable  and  peculiar  exception 
to  the  rule  that  applies  to  all  honest  humanity.  The  further 
they  are  removed  from  the  fatal  and  unfortunate  tragedy  of 
January  thirtieth,  1900,  the  more  vivid  is  their  memory,  the 
more  useful  their  knowledge. 

I  would  like  to  show  you  how  Golden's  alleged  conversa- 
tions always  occurred  with  me  when  I  was  alone,  except  in 
two  instances  where  he  is  overwhelmingly  contradicted  by 
others;  how  Culton's  alleged  conversations  always  occurred 
with  me  when  I  was  alone,  except  in  one  instance,  and  in 
that  instance  we  find  him  contradicted  by  Messrs.  Page,  How- 
ard, Van  Zant,  Davidson  and  others;  how  Cecil  always  had 
his  alleged  conversations  with  me  when  I  was  alone,  except 
where  he  is  contradicted  by  Van  Zant,  Davidson,  Page  and 
others;  how  Youtsey  always  had  his  alleged  damaging  con- 
versations when  I  was  entirely  alone;  how  Broughton  had 
his  alleged  conversation  with  me  when  I  was  alone ;  how 
Noakes  said  he  always  talked  to  me  alone.  Is  this  not  a 
remarkably  strange  state  of  the  case,  that  these  star-witnesses 
always  talked  to  me  when  I  was  alone,  and  putting  it  out  of 
my  power  to  contradict  their  alleged  conversations  by  others 
than  myself? 

And  is  it  not  stranger  still,  that  Golden  and  Culton  and 
Noakes  and  Anderson  and  Youtsey  and  Cecil  and  Broughton 
were  the  only  ones  to  whom  I  confided  my  intention  to  mur- 
der? Is  it  not  strange  that,  out  of  the  number  of  prominent 
and  reputable  men  with  whom  I  associated  at  Frankfort, 
not  a  single  one  has  ever  been  produced  to  prove  my  mur- 
derous plans?  Is  it  not  most  remarkable  that  I  did  not  con- 
verse with  the  leaders  of  the  party  and  representative  citizens 
about  the  way  the  contest  should  be  settled  —  about  the  surest 
way  for  me  to  hold  the  office  for  which  I  was  contending? 
Has  it  never  occurred  to  you,  as  it  has  to  all  other  sensible 
people  of  the  country,  that  if  I  talked  to  Golden  and  Culton 
and  Noakes  and  Anderson  and  others  of  like  liver  exclusively 
about  the  best  way  to  settle  the  contest,  I  must  have 


452          MY  ADDRESS  TO  THE  JURY 

been  a  fool  of  the  first  water?  Does  it  not  strike  you,  gentle- 
men, as  being  most  peculiar  that  the  only  people  in  the  whole 
state  who  had  my  entire  confidence  during  these  stirring 
times,  were  Noakes  and  Anderson,  who  are  now  confessed 
perjurers,  and  Golden,  Culton,  Cecil  and  Youtsey,  who  are 
now  under  indictment  in  this  case,  and  swearing  for  im- 
munity ? 

Is  it  not  strange  that  the  now  pious  Broughton  recom- 
mended, as  he  says,  his  own  brother  as  a  suitable  man  to 
kill  Senator  Goebel  before  the  tragedy,  and  at  this  trial  had 
to  be  run  down  by  detectives  Harding  and  Griffin,  before  he 
could  be  got  to  the  witness-stand  to  testify  for  the  Com- 
monwealth? There  are  reasons  for  all  these  things. 

There  have  been  too  many  detectives  in  this  case ;  too  many 
lawyers  playing  the  part  of  detectives.  There  has  been  too 
much  of  an  effort  to  convict  some  one  more  or  less  in 
politics,  and  too  little  attention  paid  to  the  prosecution  of  the 
real  murderer.  You  know  this  policy  was  expressed  by  Col- 
onel Campbell  in  his  first  speech  in  my  case,  when  he  said: 
"  Small  gratification  would  it  be  to  those  looking  for  revenge, 
if  such  there  were,  to  have  a  '  wretch  kern '  from  the  High- 
lands convicted  and  hung.  Such  a  man,  if  necessary,  should 
be  turned  loose  to  the  end  that  the  conspirators  who  procured 
the  cowardly  deed  done  might  be  convicted."  You  see,  gen- 
tlemen, they  have  publicly  expressed  that  they  cared  nothing 
for  the  "  little  fishes ; "  that  it  was  their  desire  to  convict 
more  prominent  men. 

Look  at  this  spirit  of  persecution,  together  with  the  fact 
that  detectives  have  played  a  most  conspicuous  part  in  all 
these  trials,  and  we  are  not  astonished,  or  'should  not  be,  at 
the  prosecution  proving  alibis  for  such  men  as  Johnson,  or  the 
production  of  so  many  star-witnesses  —  such  men  as  Noakes, 
Anderson  and  Weaver.  We  need  not  be  surprised  that  such 
a  man  as  Golden  is  to-day  enjoying  his  liberty;  that  Culton 
is  a  boon  companion  of  those  whose  duty  it  is  to  prosecute 
him;  that  Cecil  is  getting  his  liberty  for  his  testimony,  and 
that  Youtsey  expects  his  feet  soon  to  walk  on  freedom's  soil 
for  his  services  here  as  a  witness. 

There   can    be   no   doubt,   gentlemen,   that   the    detectives 


CAMPBELL'S  METHODS  453 

have  played  a  most  important  part,  and  a  most  damnable 
part,  in  the  production  of  the  evidence  in  this  case.  You 
remember  Colonel  Campbell  said  in  his  first  speech  to  the 
jury  in  my  case:  "Detectives  were  called  in,  but  they  were 
baffled  like  the  hounds  in  the  pursuit  of  the  fox  which  jumped 
to  the  sapling  over  the  precipice,  and  then  under  the  ledge  of 
rock."  He  says  that  in  that  dilemma  Mr.  Franklin  said 
to  him-  one  evening :  "  You  are  not  known  in  Eastern  Ken- 
tucky; go  there."  There  is  no  doubt  that  he  went  there, 
gentlemen,  for  he  met  Robert  Noakes  at  Big  Stone  Gap, 
under  the  nom  de  plume  of  Kleinmeyer.  Mr.  Campbell  said 
in  his  speech :  "  Men  whose  time  was  worth  five  dollars  a 
day  worked  in  the  mines  of  Bell  County  for  less  than  one- 
fifth  of  that  sum  for  the  purpose  of  accounting  for  their 
presence  in  that  county.  One  man  painted  fences  and  rocks 
in  Laurel  County  with  signs,  and  gave  away  hundreds  of 
bottles  of  medicine  for  the  sole  purpose  of  accounting  to 
such  fellows  as  Jim  Sparks  and  Jim  Howard  and  others  of 
like  kidney  as  to  why  he  was  in  that  county." 

And,  gentlemen,  we  do  not  have  to  rely  upon  Colonel 
Campbell's  statement  that  detectives  have  been  very  busy  from 
the  beginning  of  this  prosecution.  You  remember  that 
Golden  testified  that  Tom  Cromwell,  a  detective,  who  had 
been  up  in  Knox  County,  came  to  the  Capital  Hotel,  in 
Frankfort,  about  the  second  of  March,  1900,  and  wrote  Golden 
a  note  to  come  over  to  the  Capital  Hotel.  You  remember 
that  Golden  told  you  that,  in  response  to  the  invitation  to  meet 
Tom  Cromwell  at  the  Capital  Hotel,  he  presented  himself 
in  person,  and  the  next  morning,  at  the  early  hour  of  five 
o'clock,  he  was  speeding  away  over  the  country  to  the  historic 
city  of  Cincinnati  in  the  arms  of  his  savior,  Colonel  Tom 
Campbell. 

You  remember  when  the  theory  of  this  case  was  being 
formulated,  the  theory  that  the  shot  was  fired  from  the  office 
of  the  secretary  of  state,  we  find  detectives  playing  important 
parts  in  that  matter.  You  remember  Mr.  D.  Mead  Wood- 
son,  that  expert  gentleman  and  expert  witness.  These  ex- 
pert witnesses  are  always  a  remarkable  set  of  fellows ;  they 
can  get  out  here  in  the  streets  of  Georgetown  and  measure 


454          MY  ADDRESS  TO  THE  JURY 

a  cow's  track  and  tell  you  the  price  of  butter  in  New  York 
City.  And  when  this  man  Woodson  was  down  at  the  hack- 
berry  tree  proving  to  a  mathematical  certainty,  with  hi's  little 
surveying  pins  and  a  yarn  string,  that  the  shot  that  killed 
Goebel  was  fired  from  the  office  of  the  secretary  of  state, 
he  told  you  that  Robert  Harding  and  Dee  Armstrong  were 
present  on  that  occasion.  Who  are  Robert  Harding  and  Dee 
Armstrong?  They  are  detectives;  the  paid  puppets  of  the 
prosecution  who  have  lent  their  gallant  services,  sacrificing 
services,  to  the  unearthing  of  the  guilty  in  this  prose- 
cution. When  Golden  was  preparing  to  confess ;  when  he  was 
getting  ready  to  turn  state's  evidence,  we  see  the  finger  of 
Detective  Tom  Cromwell  in  the  matter.  When  the  bullet 
was  found  in  the  hackberry  tree  we  find  Dee  Armstrong  and 
Robert  Harding  officiating  on  that  occasion.  You  remember 
the  testimony  of  that  most  charming  and  most  winsome 
lady,  Miss  Ella  Smith  by  name,  of  the  town  of  Barbours- 
ville,  whose  bewitching  manner  and  seductive  smiles  captivated 
the  hearts  of  all.  You  remember  that  Miss  Ella  Smith,  who 
was  a  witness  for  the  prosecution,  told  you  that  Tom  Cromwell 
wrote  out  her  statement  for  her  in  Barboursville,  and  she  com- 
mitted it  to  memory  and  recited  it  for  us.  She  recited  it  well. 
Detective  Cromwell  swore  out  a  warrant  for  my  arrest ;  he 
swore  out  a  warrant  for  the  arrest  of  old  man  Davis.  De- 
tective Russell  took  a  number  of  identifying  witnesses  to  see 
Jim  Howard.  A  number  of  them  assisted  in  my  arrest  at 
Lexington.  So  you  see,  gentlemen,  that  detectives  have  been 
swarming  the  state  like  a  drove  of  hungry  vultures.  You  find 
them  in  the  Capital  Hotel  when  Golden  confesses ;  you  find 
them  at  Barboursville  before  he  confesses;  you  find  them  at 
the  hackberry  tree  when  a  block  of  wood  was  taken  out  of 
the  tree ;  you  find  them  present  when  the  block  of  wood 
was  opened ;  you  find  them  in  Cincinnati  when  Golden  first 
confessed ;  you  find  them  in  Lexington  with  him  after  he 
confessed ;  you  find  them  swearing  out  warrants  of  arrest ;  you 
find  them  everywhere.  There  are  too  many  detectives  and 
too  many  perjurers  in  this  case.  There  are  too  many  men 
who  have  their  arms  up  to  their  elbows  in  that  one-hundred- 
thousand-dollar  reward. 


DETECTIVES  WANT  REWARD         455 

Do  you  want  to  help  distribute  that  money,  gentlemen? 
Do  you  want  to  become  co-partners  in  that  affair?  If  you  do, 
the  opportunity  is  yours.  You  have  an  earnest  invitation  on 
the  part  of  the  Commonwealth.  If  you  want  to  help  distribute 
that  money  you  have  the  privilege;  five  thousand  dollars  is 
offered  for  my  conviction.  You  make  it  possible  for  those 
hired  detectives  to  get  their  share  of  the  spoils ;  for  if  the 
detectives  do  not  get  the  five  thousand  dollars  offered  for 
my  conviction,  who  does  get  it,  gentlemen?  No  part  of  the 
five  thousand  dollars  offered  for  my  scalp  goes  for  the  purpose 
of  bringing  the  witnesses  here,  either  for  the  Commonwealth 
or  the  defendant.  The  state  pays  for  the  bringing  of  witnesses 
here  for  the  Commonwealth,  and  the  defendant  ha's  to  pay 
the  expenses  of  his  own  witnesses.  It  is  not  for  the  purpose 
of  keeping  witnesses  of  the  Commonwealth  here ;  they  are 
allowed  one  dollar  for  each  day  they  stay  here.  It  is  not  for 
the  purpose  of  paying  their  mileage  or  their  way  to  the  train. 
The  law  allows  them  more  than  enough  for  that.  It  does 
not  go  to  the  paying  of  lawyers  in  this  case,  for  the  law 
that  set  apart  the  appropriation  says  that  none  of  the  money 
is  to  go  for  the  payment  of  the  lawyers.  It  is  not  for  the 
purpose  of  paying  Mr.  Franklin  here  for  his  services.  He  is 
allowed  a  certain  salary,  and  is  paid  by  the  state.  It  is  not 
for  the  purpose  of  paying  you,  gentlemen,  for  your  services. 
You  are  allowed  your  per  diem  by  the  law  of  the  state. 

Then,  to  whom  does  it  go?  It  must  go  to  somebody.  It 
must  be  paid  for  some  purpose.  There  is  no  stipulation  in  the 
law  appropriating  this  enormous  fund,  saying  that  any  part 
of  it  shall  be  to  perjurers  and  suborners  of  perjury.  But  such 
people  will  lay  claim  to  that  money.  Did  not  Detectives  Dee 
Armstrong  and  Robert  Harding  tell  you  from  this  witness- 
stand  that  they  expected  to  lay  claim  to  this  money  if  I  am 
convicted?  The  detectives  who  have  furnished  the  proof  in 
these  cases,  and  those  who  have  sworn  to  lies  for  pay,  will  lay 
claim  to  this  money.  Do  not  be  deceived  about  it.  They  are 
now  claiming  it.  Suppose  Campbell  should  say  to  the  detec- 
tives that  he  needs  certain  testimony ;  Harding  and  Armstrong 
would  give  ten  witnesses  ten  dollars  each,  in  addition  to  the 
Commonwealth's  paying  them  a  dollar  a  day  and  so  much 


456          MY  ADDRESS  TO  THE  JURY 

mileage,  to  come  and  testify  to  certain  sets  of  facts.  It 
would  not  be  good  policy  for  any  witness  to  swear  to  too 
much.  That  would  not  be  skilled  perjury.  It  would  be  bun- 
glesome  subornation.  Here  you  have  these  ten  witnesses 
swearing  to  certain  statements  for  the  sum  of  one  hundred 
dollars.  That  is  a  small  amount,  but  the  evidence  of  ten 
witnesses  is  considerable  testimony;  two  hundred  dollars  at 
that  rate  would  get  twenty  witnesses.  That  is  not  much  of 
five  thousand  dollars. 

You  ask:  Do  you  mean  to  say  that  witnesses  can  be 
bought  so  cheap  ?  I  answer :  Yes ;  some  of  them  can,  but  not 
all.  It  takes  more  for  some.  But  you  can  put  it  down,  gen- 
tlemen, that  nearly  every  man  who  sells  his  vote  at  an  election 
would  sell  his  testimony.  You  know  that  there  are  plenty 
of  these.  You  know  that  there  are  more  of  them  than  the 
mass  of  humanity  supposes.  So  you  see  how  easy  it  is  to 
buy  testimony  when  you  have  the  money.  But  one  says : 
It  looks  as  if  some  of  them  would  be  caught  up  with.  And  so 
they  have  been  in  this  case.  Weaver  was  caught  up  with ; 
Anderson  was  caught  up  with ;  Noakes  was  caught  up  with ; 
Davis  Harrod,  at  Frankfort,  was  caught  up  with,  and  is  no 
more  a  witness  in  these  cases ;  D.  Sinclair,  the  man  who 
forged  the  telegrams  at  Frankfort,  was  caught  up  with  and  is 
no  more  used  as  a  witness  in  this  case. 

Yes,  it  is  true  that  some  of  them  are  caught  up  with,  but 
the  smooth  suborner  of  perjury  knows  better  than  to  do  it  that 
way.  The  suborner  has  the  perjurer  meet  you  on  the  road 
somewhere  or  be  with  you  alone  somewhere.  Golden  says 
that  we  always  talked  alone  when  we  were  talking  about 
private  matters.  The  smooth  suborner  has  no  one  pres- 
ent but  you  and  the  perjurer,  and  he  has  him  say 
that  while  you  are  with  him  at  a  certain  time  and  place, 
you  made  such  and  such  a  statement.  You  have  to  admit 
being  with  him  at  the  time  and  place.  There  is  no  one  to 
help  you  out  of  your  predicament;  no  one  to  deny  for  you 
that  you  made  such  a  statement ;  no  one  to  contradict  the 
witnesses  against  you  except  yourself;  no  one  to  contradict 
them  in  this  case  except  myself.  Then,  of  course,  the  Com- 
monwealth argues  that  my  own  testimony  sustains  the  wit- 


MAKING  A  "  GOOD  "  WITNESS        457 

ness  against  me,  and  that,  of  course,  I  am  trying  to  swear 
myself  out.  There  is  no  way  to  contradict  the  perjurer  save 
by  my  own  testimony. 

Such  has  been  the  testimony  of  all  the  stars  against  me. 
Such  has  been  the  testimony  of  Anderson  and  Noakes  and 
Golden  and  Culton  from  the  very  beginning;  such  is  the 
testimony  of  Youtsey  and  Cecil.  Detectives  and  shrewd 
lawyers  know  how  to  prepare  such  testimony.  That  is  the 
business  of,  by  far,  too  many  of  them.  Culton  is  a  lawyer 
himself.  He  knows  how  to  fix  his.  Golden's  brother  is  a 
lawyer;  he  knows  how  to  fix  him.  Colonel  Campbell  could 
suggest  to  Golden  or  Culton  that  a  certain  bit  of  testimony 
was  needed  and  for  him  to  try  and  remember  it.  They  are  in 
the  remembering  business.  It  stands  them  in  hand  to  re- 
member well.  They  know  it.  It  needs  no  detective  work 
to  encourage  Golden  and  Culton  to  remember  well.  It  needs 
no  offer  of  money  in  the  event  that  I  am  convicted,  to  spur 
them  up  to  their  best  as  perjurers.  There  are  other  incen- 
tives for  them. 

Then,  you  ask,  does  the  Commonwealth's  attorney  indorse 
it  all,  and  is  he  a  party  to  it  all?  I  answer,  no.  I  have 
known  of  cases  where  he  has  turned  off  would-be  perjurers. 
The  detective  goes  into  the  neighborhood  of  the  witness.  He 
suborns  him.  He  then  writes  down  to  Mr.  Franklin  that  a 
certain  man  would  make  a  good  witness  for  the  Common- 
wealth. Mr.  Franklin  has  him  summoned  either  before  the 
grand  jury  or  as  a  witness  in  some  of  these  cases.  The  wit- 
ness tells  his  story.  He  makes  a  good  witness,  and  Mr. 
Franklin  puts  him  on  the  stand.  That  is  a  part  of  the  evi- 
dence of  conviction.  And  after  the  conviction  is  had,  the 
detective  will  come  forward,  claiming  the  five  thousand  dol- 
lars for  the  discovery  of  the  testimony  that  leads  to  the 
conviction. 

Oh,  gentlemen,  be  not  deceived  in  this  matter.  They  are 
already  claiming  it.  It  is  a  matter  of  current  history,  gentle- 
men, with  which  you  are  all  familiar,  that  Dee  Armstrong  and 
Robert  Harding  of  Louisville,  who  have  been  the  paid  pup- 
pets of  the  prosecution  in  the  investigation  of  clues,  and  who 
have  attended  every  trial  of  my  case,  and  who  are  here 


458          MY  ADDRESS  TO  THE  JURY 

now,  have  already  put  in  a  claim  for  my  former  conviction, 
alleging  that  they  furnished  the  evidence  with  which  to  do 
it.  You  remember  the  fiscal  court  of  Franklin  County  of- 
fered one  thousand  dollars'  reward  for  the  arrest  and  con- 
viction of  Senator  Goebel's  assassin.  Detectives  Armstrong 
and  Harding  have  put  in  a  claim  for  that  money,  and  allege 
they  furnished  the  evidence  upon  which  Youtsey  and  Jim 
Howard  and  myself  were  convicted.  They  also  have  put  in 
a  claim  for  five  thousand  dollars  for  the  conviction  of  Yout- 
sey. They  have  been  here  on  the  grounds  marshaling  and 
training  their  witnesses,  and  now  await  your  verdict,  in  the 
hope  that  they  will  be  well  paid  for  that  marshaling  and 
training.  Did  not  Armstrong  tell  you  that?  The  detectives 
are  waiting  for  that  five  thousand  dollars'  reward,  gentlemen ; 
that  is  the  reason  why  they  have  bought  so  much  testimony. 
They  would  purchase  it  against  you  as  readily  as  they  do 
against  me,  if  there  were  as  much  in  it  for  them. 

Be  not  deceived  about  it.  Do  you  think  there  is  enough 
evidence  in  this  case  to  convict  me?  Is  there  a  single  man  on 
this  jury  who  thinks  it?  If  there  is,  I  want  to  say  to  that 
man  if  he  will  let  Colonel  Campbell  suppose  two  things, 
he  can  convict  him  of  the  murder  of  Mr.  Goebel.  If  you  will 
let  him  suppose  that  you  were  an  active  partizan  Republican 
in  the  campaign  and  contests  of  1899  and  1900,  and  that  you 
went  to  Frankfort  a  few  days  before  Senator  Goebel  was 
killed  —  that  is  all  that  is  necessary,  these  two  things.  You 
may  say  you  do  not  understand  what  your  being  a  Republican 
or  going  to  Frankfort  would  have  to  do  with  the  killing 
of  Mr.  Goebel,  or  how  you  could  be  convicted  for  that.  Let 
us  see. 

In  the  first  place,  he  would  charge,  by  indictment,  a  Golden, 
and  a  Culton,  and  a  Youtsey,  and  a  Cecil,  who  reside  in  your 
neighborhood,  or  who  were  thrown  with  you  in  the  transaction 
of  business  in  the  winter  of  1899  and  1000.  And  you  have  got 
Goldens  and  Cultons  and  Youtseys  and  Cecils  and  Brough- 
tons  in  your  community,  gentlemen.  Be  not  deceived.  There 
are  men  in  your  neighborhood  who,  if  they  were  indicted 
for  an  offense  like  this  and  could  get  their  liberty  by  testi- 
fying against  you,  would  swear  to  anything  they  were  told 


WAYS  OF  THE  SUBORNER  459 

to  swear.  You  know  that.  There  are  men  in  your  com- 
munity who  would  swear  your  life  away  for  even  a  small 
slice  of  one  hundred  thousand  dollars.  You  know  that. 

Let  me  show  you  how  you  could  be  convicted  for  killing 
Mr.  Goebel,  by  letting  Colonel  Campbell  suppose  the  two  things 
of  which  I  have  just  spoken.  He  would  prove  by  'some 
Wharton  Golden  whom  you  had  working  for  you  on  your 
farm,  that  you  were  an  active  and  violent  Republican.  This 
would  be  known  to  be  true;  this  would  help  strengthen  his 
testimony  against  you.  He  would  prove  by  him  that  while  you 
and  he  were  alone  together  on  the  farm  and  about  your 
place  of  business,  you  had  said  to  him  that  Goebel  ought 
to  be  killed ;  that  if  you  were  up  at  Frankfort  and  no  one  else 
would  kill  him,  you  would  kill  him  yourself.  That  is 
what  Finley  Anderson  swore  against  me.  He  would  prove 
by  him  that  you  discussed  plans  to  kill  Goebel  in  the  Capital 
Hotel,  on  the  streets  of  Frankfort,  and  from  the  office  of 
the  secretary  of  state.  He  would  prove  by  him  that  you 
said  you  would  be  willing  to  kill  off  enough  Democrats 
in  the  Legislature  to  make  a  Republican  majority,  and  that 
you  also  indorsed  the  killing  of  the  Democratic  members 
of  the  court  of  appeals.  He  would  prove  by  him  that  you 
said  out  at  your  barn  one  morning  that  if  things  didn't  settle 
up  at  Frankfort  pretty  soon,  you  intended  to  go  up  there  and 
make  use  of  a  few  Colt  forty-fives  or  a  Marlin  rifle. 

He  would  prove  by  Culton  that  he  lived  in  your  neighbor- 
hood during  the  contests  of  1899  and  1900;  that  he  often 
passed  your  home,  and  that  you  and  he  had  frequent  talks 
about  the  contest  at  Frankfort,  and  that  you  said  to  him 
you  believed  that  if  a  large  body  of  mountaineers  would  come 
to  Frankfort  with  their  guns  and  either  kill  enough  Democrats 
to  make  a  Republican  majority  or  kill  Mr.  Goebel,  the 
contest  would  end  favorably  to  the  Republicans ;  that  you 
said  that  when  Goebel  was  dead  and  in  hell  the  Demo- 
crats would  not  have  another  man  who  could  hold  them 
together.  He  would  prove  by  him  that  you  and  he  had  come 
here  to  Georgetown  about  the  middle  of  January,  1900,  and 
that  you  showed  him  a  letter  you  had  written  to  Governor 
Taylor  inclosing  twenty-five  dollars  to  help  defray  the  ex- 


460          MY  ADDRESS  TO  THE  JURY 

penses  of  the  mountaineers  to  Frankfort  and  advising  their 
coming,  and  that  your  judgment  was  that  when  they  got  to 
Frankfort  they  should  give  the  Legislature  thirty  minutes 
to  settle  the  contest,  and  if  they  didn't  do  it,  kill  the  last 
damned  one  of  them. 

He  would  prove  by  some  Broughton  in  your  county  that  you 
approached  him  one  day  to  find  out  who,  in  his  judgment, 
would  be  a  good  man  to  kill  Goebel,  and  that  he  referred  you 
to  Cecil  and  Steele.  He  would  prove  by  some  Cecil  and 
Steele  in  your  neighborhood  that  you  did  approach  them  and 
try  to  get  them  to  go  to  Frankfort  and  kill  Mr.  Goebel,  and 
discussed  with  him  how  it  could  be  done  from  the  office  of 
the  secretary  of  state.  He  would  prove  by  Youtsey  that  he 
lived  in  your  neighborhood  before  he  went  to  Frankfort;  that 
he  knew  you  well ;  that  at  the  time  of  the  governor's  contest 
he  met  you  in  the  hallway  of  the  Executive  Building  at 
Frankfort  a  day  or  two  before  the  killing,  at  the  time  you  went 
to  Frankfort,  and  that  you  said  to  him  you  believed  the 
only  way  to  settle  the  contest  was  to  have  Goebel  killed.  He 
would  prove  by  him  that  he  fully  indorsed  that  sentiment, 
and  said  he  had  been  trying  to  do  that  for  several  days 
and  suggested  that  he  now  had  a  slick  scheme  by  which  he 
could  go  into  the  office  of  the  secretary  of  state,  pull  down 
the  window  blind,  shoot  Goebel  from  that  office  window 
and  then  run  down  the  stairway,  and  that  nobody  would 
ever  know  it.  He  would  prove  by  him  that  you  indorsed  that 
plan  and  pulled  out  of  your  pocket  fifty  dollars  and  gave  it 
to  him  and  told  him  to  carry  it  out,  and  that  you  would 
leave  the  details  of  it  to  him,  and  that  you  would  go  in  and 
see  Taylor  and  have  him  call  out  the  militia  to  protect  Yout- 
sey and  others  after  the  killing. 

Take  this  state  of  the  case,  gentlemen,  and  why  wouldn't  I 
have  a  stronger  case  against  you  than  they  have  against  me? 
The  mountaineers  came  to  Frankfort  on  your  advice ;  the  shot 
was  fired  from  the  office  of  the  secretary  of  state  upon  your 
indorsement;  the  militia  was  called  out  upon  your  suggestion. 
How  would  you  get  out  of  it,  Mr.  Rice?  Golden,  Culton, 
Cecil,  Youtsey,  have  testified  that  there  was  no  one  present 
at  the  time  each  of  them  had  their  alleged  talk  with  you. 


NEFARIOUS  WORK  461 

You  could  only  contradict  them  with  your  own  testimony, 
and  the  prosecution  would  say  that  you  are  the  defendant 
in  the  case  and  swearing  for  your  liberty  and  could  not  be 
believed,  and,  besides  that,  they  would  say  your  own 
testimony  corroborated  the  testimony  of  all  these  witnesses 
against  you.  They  would  say  that  you  admit  having  Golden 
working  for  you  on  your  farm  and  admit  being  with  him 
at  the  time  and  places  he  alleges,  and  that  the  only  thing 
you  deny  is  the  damaging  part  of  the  conversations ;  that  you 
substantiate  the  testimony  of  Culton  by  admitting  you 
did  frequently  talk  with  him  at  your  gate  during  the  contest, 
and  that  you  admit  coming  to  Georgetown  on  the  occasion 
testified  to  by  him.  They  would  say  that  you  corroborate 
Broughton  by  admitting  that  he  lived  in  your  neighborhood, 
and  that  he  did  have  an  opportunity  of  talking  to  you,  and  by 
the  further  fact  that  Cecil  and  Steele  say  you  approached 
them  on  the  mission  you  talked  to  Broughton  about.  They 
would  say  that  you  corroborate  Youtsey  by  admitting  you 
were  at  Frankfort  at  the  time  he  testified  to,  and  by  the 
further  fact  that  the  shot  was  fired  from  the  office  of  the 
secretary  of  state  and  by  the  still  further  fact  that  the  militia 
was  called  out  after  the  shooting. 

If  the  jury  who  tried  you  should  give  full  faith  and  credit  to 
the  testimony,  there  is  no  reason  why  you  or  any  other 
man  in  the  community  could  not  be  convicted  with  one  hun- 
dred thousand  dollars  and  a  horde  of  unscrupulous  detectives 
to  buy  up  the  proof.  Golden,  Cecil,  Youtsey,  Culton  and 
Broughton  say  they  had  these  talks  with  me,  and  that 
no  one  was  present  but  themselves  and  me.  I  never  had  the 
alleged  talks  with  these  men.  The  Commonwealth  is  after 
a  conviction  in  this  case,  and  Dee  Armstrong  and  Robert 
Harding  are  after  the  money.  They  will  have  rival  claimants. 
Other  detectives  have  been  active.  Detective  Griffin,  of  Somer- 
set, will  be  a  formidable  contestant. 

By  your  verdict,  gentlemen,  do  you  propose  to  further  this 
nefarious  work?  Do  you  propose  to  be  a  party  to  taking 
away  the  liberty  of  an  innocent  man  ?  Answer  me  that,  gentle- 
men. And  you  will  be  a  party  to  it  if  you  bring  in  a  verdict 
of  guilty,  because  without  such  a  verdict  they  can  not  get  the 


462          MY  ADDRESS  TO  THE  JURY 

money.  As  a  citizen  and  taxpayer  of  this  Commonwealth,  do 
you  desire  to  plunder  the  treasury  of  this  state,  in  order  to  get 
the  money  to  pay  irresponsible  detectives  to  suborn  witnesses 
to  swear  away  the  lives  of  one  of  your  innocent  fellow 
citizens?  The  opportunity  is  yours,  gentlemen.  The  Com- 
monwealth invites  you  to  embrace  it.  Will  you  do  it?  How 
can  you  gentlemen  bring  in  a  verdict  of  guilty  when  the 
foundation  stones  of  this  prosecution  are  composed  of  per- 
jurers? How  can  you  bring  in  a  verdict  of  guilty  when  you 
see  that  all  the  material  testimony  in  this  case  received  its 
being  and  was  brought  to  fruition  at  the  hands  of  conscience- 
le'ss  detectives  and  other  suborners  or  perjurers? 

Two  juries  have  sat  upon  this  case  before  and  have  said  by 
their  verdicts  that  I  am  guilty.  This  was  at  a  time,  gentlemen, 
when  the  amount  of  perjury  in  this  case  was  not  so  well  known 
as  now ;  finally  my  case  was  reviewed  by  a  higher  court 
and  a  new  trial  granted.  Suppose  that  you  should  render  the 
same  verdict,  and  suppose  I  would  be  compelled  to  abide  by 
that  verdict,  and  it  should  be  found  out,  after  all,  that  I  am  in- 
nocent, and  it  will  be  found  out;  suppose  that  in  the  mean- 
time my  frail  constitution  breaks  down  under  the  strain 
which  I  have  been  forced  to  bear  for  the  past  few  years ; 
suppose  that  my  vitality  is  sapped  and  disease  takes  possession 
of  my  vital  forces ;  suppose  that  my  power  of  usefulness  is  all 
destroyed ;  suppose  that  in  the  meantime  my  aged  mother 
could  no  longer  stand  the  strain  of  witnessing  the  awful  in- 
juries done  her  son,  and  her  soul  takes  its  flight  for  the 
world  of  spirits,  following  that  of  my  poor  father,  who  died 
but  a  few  months  ago.  And  when  the  facts  surrounding  this 
murder  become  known,  as  they  will  become  known,  and  the 
world  knows  that  I  had  nothing  more  to  do  with  the  murder 
of  Senator  Goebel  than  the  jury  which  tried  me,  or  had 
Mrs.  Surratt  and  others,  who  were  wrongfully  convicted  for 
alleged  complicity  in  the  assassination  of  Abraham  Lincoln, 
how  can  you,  gentlemen,  live  amid  the  ruin  that  you  have 
caused?  How  could  you  claim  as  a  home  the  state  whose 
fair  name  you  have  tarnished?  How  could  you  live  in  a  coun- 
try whose  fair  name  you  have  disgraced  in  the  committing 
of  judicial  murder?  How  could  you  look  your  fellow  men 


JURORS  ASKED  TO  BE  JUST    463 

in  the  face,  attend  your  churches  and  hear  the  gospel  of  justice 
and  humanity  and  mercy  and  goodness  preached? 

Oh,  gentlemen,  the  awful  sin  of  a  conviction  in  this  case, 
if  you  so  far  forget  yourselves  as  to  commit  it,  will  always 
be  a  crushing  weight  upon  your  conscience.  It  will  prey  upon 
you  day  by  day  and  your  slumbers  will  be  disturbed  by  it  at 
night.  In  vain  will  you  wander  this  world  around  in  seeking 
a  place  of  painless  rest.  The  ghost  of  your  awful  crime  would 
be  with  you  to  upbraid  you  with  a  sense  of  your  dreadful 
wrong.  And  when  your  stay  in  this  world  is  over;  when  you 
have  traveled  through  the  dark  valley  and  shadow  of  death 
and  crossed  the  barren  peaks  of  eternity,  the  acts  that 
you  have  done  here  will  follow  you  and  be  a  witness  against 
you  in  the  great  day  of  judgment,  to  tell  the  wrongs  and 
rehearse  the  agonies  you  brought  to  a  poor  innocent  and  help- 
less prisoner  here  on  earth. 

But,  gentlemen,  I  believe  you  are  going  to  do  right  in  this 
case.  You  can  not  give  weight  to  perjured  testimony;  you 
can  not  credit  men  swearing  for  immunity ;  and  if  you  are  not 
convinced  of  my  innocence,  you  can  not  be  convinced  of  my 
guilt.  And  I  believe  you  are  going  to  give  me  the  full  benefit 
of  the  doubt  which  this  most  remarkable  and  most  mysterious 
case  has  left  to  us  all,  as  you  have  taken  a  solemn  oath  that 
you  would  do ;  and  when  you  do  that,  gentlemen,  I  shall  be 
acquitted  and  you  will  have  discharged  your  duty  fully  to  me, 
to  your  conscience  and  to  your  God.  And  when  you,  gen- 
tlemen, are  called  to  give  account  of  your  stewardship  here 
upon  earth,  the  deed  of  your  verdict  of  acquittal  in  this  case 
will  stand  by  your  side  and  plead,  like  an  angel,  trumpet- 
tongued,  for  your  acquittal  and  your  deliverance.  You  may 
talk  of  the  ruin  of  homes  brought  about  by  strong  drink ; 
talk  of  the  pains  and  pangs  of  poverty;  talk  of  forfeited 
friendships  and  trusts  betrayed ;  talk  of  the  misery  of  the 
witness  who  has  sold  his  honor  for  gold  or  blackened  his 
soul  with  the  awful  crime  of  perjury;  but  none  of  these  com- 
pares in  wretchedness  with  the  juror  who  fails  to  discharge 
his  duty  when  the  life  of  a  fellow  citizen  is  involved. 

I  must  soon  close.  I  have  done  my  best  to  make  clear  the 
facts  in  this  case.  I  know  that  my  words  have  been  weak.  I 


464          MY  ADDRESS  TO  THE  JURY 

shall  have  to  trust  to  you  to  do  better  work.  I  am  not  guilty. 
Something  has  been  said  by  the  prosecution  about  my  lawyers 
begging  for  mercy.  No,  no,  Mr.  Franklin;  no,  no,  gentlemen 
of  the  jury,  I  am  not  begging  for  mercy  in  this  case;  I  am 
asking  for  justice  alone  at  your  hands. 

But  speaking  of  mercy  calls  to  my  mind  the  German  legend 
that  describes  man  in  his  creation.  It  seems  by  that  legend, 
that  at  the  time  the  Almighty  decided  to  make  man,  He 
called  his  attributes,  Truth,  Justice  and  Mercy,  before  Him 
and  questioned  them  concerning  it.  To  Truth,  He  said: 
"  Shall  we  make  man  ? "  And  Truth  answered  and  said : 
"Make  him  not;  he  will  destroy  Thy  statutes."  He  then 
turned  to  Justice  and  said :  "  Shall  we  make  man  ?"  And  Jus- 
tice said :  "  Oh,  Father,  create  him  not ;  he  will  destroy  Thy 
statutes,  bring  want  and  misery  to  light,  and  bathe  his  hand 
in  human  blood ;  Father,  create  him  not."  And  Mercy,  kneel- 
ing at  the  throne,  answered :  "  Oh,  create  him,  Father,  and  I 
will  follow  him  wherever  he  goes ;  by  his  errors  he  shall 
learn  wisdom,  and  at  last  I  will  bring  him  back  to  Thee." 
And  man  was  created  at  the  behest  of  Mercy. 

And  whatever  may  be  said  of  the  other  noble  attributes 
of  man,  there  is  none  that  so  fills  his  life  and  the  lives  of 
others  with  joy  while  he  remains  here  on  earth;  none  that  so 
prepares  him  for  the  Great  Beyond.  The  Angel  of  Mercy 
stood  by  the  side  of  Abraham  Lincoln  in  every  act  of  his 
public  and  private  life,  and  whispered :  "  Be  merciful,  be  merci- 
ful." And  he  was  merciful. 

When  Robert  E.  Lee,  great  man  and  greater  statesman 
that  he  was,  surrendered  his  army  at  Appomattox  in  good 
faith,  he  would  not  let  his  men  go  home  and  keep  up  a 
guerrilla  warfare.  Upon  his  decision  as  to  what  should  be 
done  rested  the  peace  of  the  South  and  the  future  relation 
of  the  states.  He  was  a  soldier,  a  patriot,  a  statesman,  and, 
above  all,  the  noblest  handiwork  of  God,  an  honest  man. 
He  was  not  blinded  to  his  duty  by  the  hot  blood  of  revenge  and 
war  still  rankling  in  the  breasts  of  many  Southern  gentlemen. 
He  was  not  moved  by  the  passions  and  prejudices  of  the  hour. 
He  stood  like  a  stone  wall  for  the  ultimate  good  of  the  South 
and  the  glory  of  the  Union.  Upon  his  shoulders  rested  the 


DUTY,  NOT  REVENGE  465 

destiny  of  the  Southland,  and  it  took  a  great  man  to  say 
to  his  men :  "  Go  home ;  resume  the  vocations  of  peaceful 
lives;  be  as  faithful  to  the  Republic  as  you  have  been  to  the 
Confederacy." 

And  when  certain  men  wanted  Grant  to  take  steps  to  arrest 
Lee  and  charge  him  with  treason,  he  said  in  no  uncertain 
tones  that  Robert  E.  Lee  fought  for  the  South  because  he 
thought  it  his  duty;  that  he  was  loyal  to  principle  and  true 
to  honor  and  that  such  accusation  should  not  be  made. 

Lee  and  Grant  were  patriots.  They  stood  upon  the  sub- 
lime heights  of  manhood  and  duty.  Their  judgments  were  not 
warped.  Their  devotion  to  duty  could  not  be  affected  by 
the  appeals  of  partizans.  The  prosperity  and  the  welfare 
of  our  country  depended  upon  noble  and  God-like  action  on 
their  part.  No  particular  section  of  the  Union  to  please,  but 
a  country  to  serve.  And,  gentlemen,  I  believe  that  you  will 
climb  the  sublime  heights  of  duty  in  this  case,  with  no  set  of 
men  to  please,  but  your  country  to  serve. 

Men,  I  must  soon  close.  I  am  going  to  leave  this  case  in 
your  hands.  I  am  not  guilty  of  that  with  which  I  am  charged. 
The  decision  of  all  the  juries  in  all  this  world,  the  testimony 
of  all  the  witnesses  in  this  land,  can  not  make  it  so.  The  fact 
that  I  am  innocent  is  unchangeable.  Some  things  change  and 
some  things  never  do.  You,  gentlemen  of  the  jury,  and  the 
interested  spectators  in  this  court-room,  are  all  passing  on  to 
the  time  when  your  existence  will  be  no  more.  You  will  soon 
have  played  your  part  in  the  great  drama  of  life,  and  you  will 
soon  step  from  the  stage  of  action  over  the  River  Styx  into 
the  shadowy  realms  beyond.  All  the  material  things  change, 
but  there  is  one  thing  that  all  the  witnesses  in  all  this  world 
can  not  change,  and  that  all  the  juries  in  the  world  can  not 
alter,  and  that  is  that  I  am  innocent  of  that  with  which  I  am 
charged.  That  fact  will  live  to  the  end  of  time.  It  is  as 
changeless  as  eternity. 

These  mad  days,  these  prosecutions,  will  soon  be  over.  Any 
temporary  advantage  that  may  be  given  to  either  political 
party  by  a  verdict  of  guilty  or  a  verdict  of  not  guilty  will  soon 
pass  away.  Posterity  will  judge  us  by  the  rightfulness  or  the 
wrongfulness  of  our  course  and  conduct.  And  I  feel,  gentle- 


466  MY  ADDRESS  TO  THE  JURY 

men,  that  the  angel  of  justice  has  been  standing  upon  the 
very  threshold  of  your  hearts  since  this  trial  began  and  saying 
almost  aloud  to  your  consciences :  "  Do  j  ustice  to  this  op- 
pressed young  man." 

The  prosecution  expects  you,  gentlemen,  to  close  your  eyes 
to  the  facts  in  this  case,  and  expects  you  to  convict  me  by 
reason  of  your  politics  and  what  they  have  proven  against 
others.  You  remember,  gentlemen,  a  great  deal  of  the  time 
of  this  court  and  your  time  has  been  occupied  in  listening  to 
various  witnesses  proving  what  others  did.  It  is  unfair  to 
you  and  unfair  to  me  to  attempt  to  have  you  convict  me  on 
the  actions  of  others.  I  have  suffered  a  great  deal,  gentle- 
men; God  alone  knows  how  much,  but  it  is  not  for  what  I 
have  done,  but  for  what  others  have  done. 

You  know  I  have  suffered;  I  have  been  in  prison  nearly 
four  years.  You,  gentlemen,  have  been  engaged  in  this  trial 
not  quite  four  weeks.  You  have  been  in  a  kind  of  prison 
since  this  trial  began.  You  have,  in  a  measure,  been  robbed 
of  your  liberty.  You  have  been  kept  together  and  had  an 
officer  over  you ;  have  been  forced  to  stay  together  and 
eat  at  the  same  table  at  the  same  time  and  to  sleep  in  the 
same  room.  I  know  that  the  days  have  hung  heavily  on  your 
hands,  and  that  the  nights  have  been  long  and  wearisome.  I 
know  that  you  have  been  eager  to  get  back  to  your  homes; 
been  anxious  to  be  with  your  wives  and  children.  They,  too, 
have  been  thinking  the  time  long  and  are  keeping  eager  eyes  to 
see  you  approach;  they  will  meet  you  with  open  arms  and 
tender  caresses. 

It  has  been  a  long  time  to  them  since  they  saw  you ;  it  has 
been  a  long  time  to  you  since  you  saw  them ;  but  how  short  a 
time  compared  with  over  three  years,  with  twelve  long  months 
in  each  year,  and  each  month  having  thirty  long  days  and 
thirty  long  and  weary  nights,  in  a  prison  cell,  with 
the  trash  of  the  earth  for  your  daily  companions,  and  with 
iron  bars  and  steel  walls  to  mock  your  very  existence.  There, 
in  a  lonesome  cell,  filled  with  foul  air  and  creeping  vermin,  and 
separated  from  family  and  friends,  hunted  up  and  stared  at  by 
every  vulgar  curiosity-seeker  in  the  land ;  classed  and  treated 
as  a  criminal  and  branded  as  an  outlaw,  —  such  an  existence 


MY  MOTHER'S  MESSAGE  467 

is  a  living  death;  it  is  a  million  deaths.  General  Reu- 
ben Davis,  of  Mississippi,  once  said :  "  A  prison  cell 
has  horrors  for  me  that  the  regions  of  the  damned  have  not. 
The  one  is  the  inhumanity  of  man  to  man;  the  other  the 
just  punishment  inflicted  by  an  All-wise  God  for  the  infraction 
of  His  decrees." 

And  should  any  of  you  gentlemen  be  tempted  to  render  a 
verdict  of  guilty,  and  consign  me  to  a  living  tomb  for  life, 
you  should  weigh  well  its  consequences,  for  as  has  been  stated, 
the  first,  the  middle  and  the  last  consideration  for  a  jury  is  the 
consequence  of  its  verdict. 

I  can  see  my  poor  mother  now,  who  was  unable,  by  reason 
of  physical  infirmities,  to  attend  this  trial.  She  is  sitting 
in  her  distant  home,  with  a  face  sallow,  wrinkled  and  care- 
worn from  the  responsibilities  of  life  and  the  worries  and 
troubles  caused  by  the  unjust  prosecution  of  her  son.  With 
a  frail  and  trembling  hand,  she  moves  back  the  white  hair  from 
her  sorrow-ridden  brow.  She  casts  her  waiting,  watery  eyes 
toward  the  scene  of  this  trial  and  pleads  with  you,  though  far 
away,  to  spare  her  son  the  burdens  of  further  trials  and 
dishonor.  She  pleads  with  you  for  justice  to  her  son.  She 
begs  you  not  to  be  frightened  away  from  your  plain  duty 
by  the  cruel  invectives  heaped  upon  his  head  by  these  gentle- 
men in  the  heat  of  argument.  She  implores  you  not  to  blot 
out  the  good  name  she  has  earned  for  her  children ;  not  to 
blacken  the  name  of  her  home  and  family  by  a  verdict  of 
guilty;  not  to  bring  into  disrepute  and  dishonor  the  name 
of  her  dead  husband  and  his  offspring;  not  to  hold  her  up  in 
shame  and  blight  the  fondest  hopes  of  her  heart;  not  to  scan- 
dalize the  evening  of  her  life  by  throwing  at  the  feet  of  her 
son  the  commission  of  such  an  awful  offense,  when  she  knows 
that  he  could  not  be  guilty  of  such  a  deed. 

She  beseeches  you  to  be  led  alone,  in  your  consideration  in 
this  case,  by  the  lamplight  of  duty,  and  not  be  tempted  to 
outrage  yourselves  and  the  innocent  by  political  bias,  .partizan 
feeling  or  party  advantage.  She  begs  you  not  to  send  her  to 
an  early  grave  in  shame  and  dishonor ;  not  to  cut  her  son  down 
in  the  days  of  his  youth ;  not  to  extinguish  the  dearest  hope 
of  her  heart;  not  to  erase  every  hope  of  happiness  for  her 


468          MY  ADDRESS  TO  THE  JURY 

and  for  him ;  not  to  bring  down  her  mourning  age  into  a  grave 
of  despair ;  not  to  take  from  her  that  which  is  dearer  than  life 
itself,  and  put  upon  her  more  than  she  can  bear.  She  asks 
you  not  to  reward  liars,  nor  put  the  badge  of  respectability 
upon  the  brow  of  perjurers  by  your  verdict;  not  to  feed  the 
greed  of  men  upon  the  life-blood  of  her  son,  or  upon  the  vitals 
of  our  Commonwealth;  not  to  walk  ruthlessly  upon  broken 
homes  and  broken  bodies ;  not  to  poison  or  kill  her  peace  on 
earth  and  blight  and  ruin  her  confidence  in  men ;  not  to  murder 
your  own  souls  and  smite  your  own  consciences. 

This  is  the  speech  my  mother  makes  to  you.  My  words 
are  barren  and  weak  in  conveying  to  you  her  message,  but  I 
have  done  my  best  and  by  your  interest  in  this  case  you  seem 
to  say :  "  Stop.  Speak  no  more.  Let  us  have  this  case.  Let 
the  work  of  justice  begin,  for  it  has  long  been  delayed.  Stop, 
that  we  may  right  this  wrong  at  once.  Speak  no  more,  but 
give  us  an  opportunity  to  tear  the  shackles  from  your  limbs, 
take  the  pallor  of  the  dungeon  from  your  cheeks,  and  re- 
store you  to  health  and  send  you  home  to  your  mother's 
fireside." 

And  my  prayer  is,  gentlemen,  that  the  Giver  of  Light  may 
remove  the  mystery  surrounding  this  case  and  reveal  the  truth 
to  you  as  it  is.  May  He  point  out  to  you  your  duty  and  give 
you  strength  to  do  it  —  yes,  to  liberate  the  suffering  innocent 
and  send  an  outraged  boy  back  to  the  country  he  loves  and 
to  the  countrymen  who  love  him. 

I  thank  you,  gentlemen,  for  your  kind  patience  and  indulgent 
hearing. 


APPENDIX  D 

INSTRUCTIONS  ASKED  BY  THE  DEFENDANT,  BUT 
REFUSED  BY  THE  COURT 

Scott  Circuit  Court, 
Commonwealth  of  Kentucky, 

Plaintiff, 
vs. 
Caleb  Powers, 

Defendant. 

The  defendant  moves   the  Court  to  instruct  the  jury  as 
follows : 

A.  No.    i.    The   Court  instructs   the  jury  that   under  the 
indictment  and  proof  herein  it  must  find  the  defendant  not 
guilty. 

B.  No.  2.    The  evidence  of  an  accomplice  in  this  case  is  not 
sufficient  to  convict,  unless  the  same  is  corroborated  by  other 
evidence  tending  to  show  the  commission  of  the  offense  and 
connecting  the  defendant  therewith,  and  the  evidence  of  one 
accomplice  or  co-conspirator,  does  not  and  can  not  corroborate 
another  accomplice  or  co-conspirator. 

C.  No.  3.    Unless  the  jury  shall  believe  from  the  evidence, 
beyond  a  reasonable  doubt,  that  either  H.  E.  Youtsey,  Berry 
Howard,  Richard  Combs,  James  Howard  or  Holland  Whittaker 
actually  fired  the  shot  that  killed  William  Goebel,  and  that 
the  same  was  fired  in  pursuance  to  and  in  furtherance  of  a 
conspiracy  on  the  part  of  the  defendant  with  the  one  so  firing 
said  shot,  you  must  find  the  defendant  not  guilty. 

D.  No.  4.    The  defendant  can  not  be  held  criminally  respon- 
sible for  bringing,  or  aiding  others  to  bring,  armed  or  unarmed 
men  to  Frankfort,  unless  they  were  brought  there  in  further- 
ance of  a  conspiracy  to  kill  William  Goebel,  or  bring  about  his 
death;  and  unless  the  jury  believes  from  the  evidence,  beyond 

469 


470  INSTRUCTIONS  ASKED  BY  DEFENSE 

a  reasonable  doubt,  that  the  bringing  of  armed  men  to  Frank- 
fort was  in  pursuance  of  a  conspiracy  entered  into  by  defendant 
with  others  to  kill  and  murder  William  Goebel,  and  for  that 
purpose,  you  must  find  the  defendant  not  guilty. 

E.  No.  5.    Even  though  the  jury  may  believe  from  the  evi- 
dence, beyond  a  reasonable  doubt,  that  the  defendant  conspired 
with  others  named  in  the  indictment  to  bring  armed  men  to 
Frankfort   for   the  purpose  of  bringing  about  the  death   of 
William   Goebel,  yet  unless   you   shall   further  believe   from 
the  evidence,  beyond  a  reasonable  doubt,  that  said  Goebel  was 
killed  by  some  one  so  brought  there,  and  in  furtherance  of 
said  conspiracy,  you  will  find  for  the  defendant  not  guilty. 

F.  No.  6.    The  law  presumes  the  defendant  to  be  innocent 
of  the  charge  against  him,  until  every  fact  essential  to  his 
guilt  has  been  proven,  beyond  a  reasonable  doubt;  and  it  is 
your  duty,  if  you  can  reasonably  do  so,  to  reconcile  all  the 
facts  and  circumstances  proven  in  the  case  with  that  presump- 
tion ;  and  if  upon  the  whole  case  you  have  a  reasonable  doubt 
of  his  guilt  having  been  proven,  you  must  find  him  not  guilty. 

G.  No.  7.    Although  the  jury  may  believe  from  the  evidence, 
beyond  a  reasonable  doubt,  that  some  one  of  those  charged 
in   the  indictment  as   a  principal   fired   the   shot  that  killed 
William   Goebel,  yet   if  you   shall   further  believe   from   the 
evidence  that  the  person  so  firing  the  shot  did  so  of  his  own 
malice  and  volition  and  not  in  pursuance  of  a  conspiracy  en- 
tered into  by  defendant  with  him  for  that  purpose,  or  if  you 
have  a  reasonable  doubt  on  this  point,  you  must  acquit  the 
defendant. 

H.  No.  8.  Before  the  defendant  can  be  convicted  under  the 
indictment,  it  is  incumbent  upon  the  Commonwealth  to  show, 
beyond  all  reasonable  doubt,  by  credible  evidence,  that  the 
shooting  of  William  Goebel,  from  which  shooting  he  died, 
was  done  by  some  person  or  persons,  acting  under  the  advice 
or  counsel  or  command  or  encouragement  or  procurement  of 
the  defendant.  And  although  the  jury  should  believe  from  the 
evidence,  beyond  a  reasonable  doubt,  that  the  defendant  in 
fact  advised  generally  the  commission,  in  certain  contingen- 
cies, of  acts  amounting  to  a  violation  of  the  law,  yet  if  the  said 
shooting  was  done  by  some  third  party,  of  his  own  mere 


INSTRUCTIONS  ASKED  BY  DEFENSE  471 

volition,  hatred,  malice,  or  ill-will,  and  not  materially  influ- 
enced, either  directly  or  indirectly,  by  such  advice  or  counsel 
or  command  or  encouragement  or  procurement  of  the  de- 
fendant, or  if  he  was  actuated  only  by  the  advice  of  others 
not  charged,  and  for  whose  advice  the  defendant  is  not  re- 
sponsible, the  jury  should  find  the  defendant  not  guilty. 

I.  No.  9.  The  defendant  being  indicted  as  an  accessory 
before  the  fact  to  the  murder  of  William  Goebel,  you  can 
not  find  him  guilty  as  such,  unless  you  believe  from  the  evi- 
dence that  the  person  who  did  the  killing  has  been  identified 
and  his  guilt  proven,  beyond  a  reasonable  doubt,  and  that  the 
defendant  conspired  with  such  person  to  do  the  act. 

J.  No.  10.  The  jury  is  instructed  that  it  can  not  find 
the  defendant  guilty  upon  the  testimony  alone  of  an  accom- 
plice or  accomplices,  but  that  the  testimony  of  such  accomplice 
or  accomplices  must  be  corroborated  by  other  evidence,  and 
every  fact  material  to  defendant's  guilt,  proven  by  such  accom- 
plice or  accomplices,  must  be  corroborated  by  other  evidence 
in  order  to  convict  the  defendant  upon  such  testimony,  and 
the  mere  killing  of  said  Goebel,  and  the  circumstances  thereof, 
is  not  corroborative  of  such  accomplice  or  accomplices. 

K.  No.  ii.  Although  the  jury  may  believe  from  the  evi- 
dence, beyond  a  reasonable  doubt,  that  the  defendant,  with 
others,  took  armed  men  to  Frankfort  for  an  unlawful  pur- 
pose, yet  if  the  jury  further  believes  from  the  evidence  that 
such  unlawful  purpose  was  afterward  abandoned,  and  that 
William  Goebel  was  not  killed  in  pursuance  of  such  unlawful 
purpose,  if  it  believes  from  the  evidence  there  was  such 
unlawful  purpose,  then  the  jury  must  find  the  defendant  not 
guilty. 

L.  No.   12.    The  evidence  of  A.  L.  Reed,  J.  B.  Watkins, 
Zepekiah   Settles,   and   H.    C.   Hazelwood  can   only  be   con- 
sidered  by   the   jury   for   the   purpose   of  contradicting   and' 
affecting  the  credibility  and  interest  of  the  witness,  and  not 
as  substantive  testimony  against  the  defendant. 

A  copy  attest:  GEORGE  S.  ROBINSON,  C.  S.  C.  S. 

By  A.  J.  Coffer,  D.  C. 


472        INSTRUCTIONS  TO  THE  JURY 


INSTRUCTIONS    GIVEN    BY    THE    COURT    ON    MY 
FIRST  TRIAL 


The  Court  instructs  the  jury  that  a  criminal  conspiracy  is  a 
corrupt  combination  of  two  or  more  persons  by  concerted 
action  to  do  an  unlawful  act  or  do  a  lawful  act  by  unlawful 
means. 

The  Court  further  instructs  the  jury  that  an  accessory 
before  the  fact  is  one,  who,  being  absent  at  the  time  the 
act  is  committed  procures,  aids,  counsels,  commands,  advises 
or  abets  another  to  commit  it,  and  may  be  taken,  tried  and 
convicted,  although  the  person  who  committed  the  act  is  never 
identified,  apprehended  or  tried. 


II 

If  the  jury  believes  from  the  evidence,  beyond  a  reasonable 
doubt,  that  the  defendant,  Caleb  Powers,  did  in  Franklin 
County,  and  before  the  finding  of  the  indictment  therein,  un- 
lawfully and  feloniously  and  with  malice  aforethought  and 
with  intent  to  bring  about  or  to  procure  the  death  of  William 
Goebel,  conspire  with  W.  H.  Culton,  F.  W.  Golden,  Green 
Golden,  John  L.  Powers,  John  Davis,  Charles  Finley,  W.  S. 
Taylor,  Henry  Youtsey,  James  Howard,  Berry  Howard,  Hol- 
land Whittaker,  Richard  Combs,  or  any  one  or  more  of  them, 
or  other  person  or  persons  unknown  to  the  jury,  and  acting 
with  them  or  either  of  them,  and  did  advise,  counsel,  encour- 
age, aid  or  procure  Henry  Youtsey,  James  Howard,  Berry 
Howard,  Holland  Whittaker,  Richard  Combs,  or  any  one  or 
more  of  them,  or  other  person  or  persons  unknown  to  the 
jury,  and  acting  with  them  or  either  of  them,  and  did  advise, 
counsel,  encourage,  aid  or  procure  Henry  Youtsey,  James 
Howard,  Berry  Howard,  Holland  Whittaker,  Richard  Combs, 
or  any  of  them,  or  any  unknown  person  or  persons  acting 
with  them  or  either  of  them,  to  unlawfully,  wilfully,  feloni- 
ously, and  with  malice  aforethought,  shoot  and  kill  William 


INSTRUCTIONS  TO  THE  JURY         473 

Goebel,  and  that,  in  pursuance  of  said  conspiracy  and  in  pur- 
suance to  counsel,  advice,  encouragement,  aid  or  procure- 
ment, so  as  aforesaid  given  by  the  defendant,  the  said  Henry 
Youtsey,  James  Howard,  Berry  Howard,  Holland  Whittaker, 
Richard  Combs,  or  other  person  or  persons  unknown  to  the 
jury  acting  with  them,  or  either  or  any  of  them,  did  shoot 
and  wound  the  said  William  Goebel  with  a  gun  or  pistol  loaded 
with  powder  and  leaden  ball  or  other  hard  substance,  and 
from  which  'shooting  and  wounding  the  said  William  Goebel 
did  then  and  there  within  a  year  and  a  day  die,  they  ought  to 
find  the  defendant  guilty  of  murder  and  fix  his  punishment 
at  death  or  confinement  in  the  state  penitentiary  for  life  in 
their  discretion. 


Ill 

If  the  jury  believes  from  the  evidence,  beyond  a  reasonable 
doubt,  that  the  defendant,  Caleb  Powers,  conspired  with, 
aided,  abetted,  counseled  or  advised  W.  H.  Culton,  F.  W.  Gol- 
den, Green  Golden,  John  L.  Powers,  John  Davis,  Charles  Fin- 
ley,  W.  S.  Taylor,  Henry  Youtsey,  James  Howard,  Berry  How- 
ard, Holland  Whittaker,  Richard  Combs,  or  either  or  any  of 
them,  or  some  unknown  person  or  persons  acting  with  either  of 
them,  to  kill  and  murder  William  Goebel,  and  in  pursuance  of 
such  conspiracy  and  in  furtherance  thereof,  the  said  William 
Goebel  was  killed  by  Henry  Youtsey,  James  Howard,  Berry 
Howard,  Holland  Whittaker,  Richard  Combs,  or  either  or 
any  of  them,  or  by  some  unknown  person  or  persons  acting 
with  them  as  a  member  or  members  of  such  conspiracy,  by 
shooting  said  William  Goebel  with  a  gun  or  pistol  loaded 
with  a  leaden  or  steel  ball  or  other  hard  substance,  and  from 
which  shooting  and  wounding  said  Goebel  then  and  there  did 
within  a  year  and  a  day  die,  it  ought  to  find  the  said  Caleb 
Powers  guilty,  whether  he  was  present  at  the  time  of  the 
shooting  or  wounding  or  not,  or  whether  the  identity  of  the 
person  so  shooting  and  wounding  said  William  Goebel  be  es- 
tablished or  not;  and  if  the  jury  shall  find  the  defendant 
guilty  it  ought  to  fix  his  punishment  as  indicated  in  instruction 
No.  ?, 


474        INSTRUCTIONS  TO  THE  JURY, 

IV 

If  the  jury  believes  from  the  evidence,  beyond  a  reasonable 
doubt,  that  the  defendant,  Caleb  Powers,  conspired  with 
W.  H.  Culton,  F.  W.  Golden,  Green  Golden,  John  L.  Powers, 
John  Davis,  James  Howard,  Berry  Howard,  Charles  Finley,  W. 
S.  Taylor,  Holland  Whittaker,  Richard  Combs,  Henry  Youtsey, 
or  either  or  any  of  them,  or  other  person  or  persons  unknown 
to  the  jury  acting  with  them  to  bring  a  number  of  armed 
men  to  Frankfort  for  the  purpose  of  doing  an  unlawful  or 
criminal  act  in  pursuance  of  such  conspiracy,  defendant  did 
advise,  counsel  or  encourage  the  killing  of  members  of  the 
Legislature,  said  William  Goebel  being  a  member  thereof,  and 
said  Goebel  was  killed  in  pursuance  of  such  advice,  counsel, 
or  encouragement,  then  the  defendant  is  guilty  of  murder, 
whether  the  person  who  perpetrated  the  act  which  resulted  in 
the  death  of  William  Goebel  be  identified  or  not,  and  if  the 
killing  of  said  William  Goebel  was  committed  in  pursuance 
of  such  advice,  counsel  or  encouragement,  and  was  induced 
and  brought  about  thereby,  it  does  not  matter  what  change, 
if  any,  was  made  by  the  conspirators,  if  any  was  made,  as  to 
their  original  designs  or  intentions,  or  the  manner  of  accom- 
plishing the  unlawful  purpose  of  the  conspiracy. 


If  the  jury  believes  from  the  evidence,  beyond  a  reasonable 
doubt,  that  there  was  in  existence,  in  the  county  of  Franklin 
and  the  state  of  Kentucky,  a  conspiracy  to  kill  and  murder 
William  Goebel,  as  set  forth  in  the  indictment,  and  that  the 
defendant,  Caleb  Powers,  was  a  party  to  said  conspiracy,  and 
that  William  Goebel  was  killed  by  one  of  the  persons  named  in 
the  indictment,  to  wit:  W.  H.  Culton,  F.  W.  Golden,  Green 
Golden,  John  L.  Powers,  John  Davis,  Charles  Finley,  W.  S. 
Taylor,  Henry  Youtsey,  James  Howard,  Berry  Howard,  Hol- 
land Whittaker,  Richard  Combs,  or  by  any  person  or  persons 
unknown  acting  with  the  defendant  and  in  manner  as  set 
forth  in  the  indictment,  and  the  shot  was  fired  which  brought 
about  his  death  in  furtherance  of  such  conspiracy,  all  persons 
who  were  members  of  such  conspiracy  at  the  time  were 


INSTRUCTIONS  TO  THE  JURY        475 

guilty  of  murder,  and  if  the  jury  further  believes  from  the 
evidence,  beyond  a  reasonable  doubt,  that  the  defendant,  Caleb 
Powers,  was  a  member  of  such  conspiracy  at  the  time,  it 
ought  to  find  him  guilty,  although  the  jury  may  believe  from 
the  evidence  at  the  time  of  the  shooting,  wounding  and 
killing  of  William  Goebel  that  said  Powers  was  not  present, 
and  the  time  of  the  killing  of  said  Goebel  had  not  been 
definitely  fixed  and  agreed  upon  by  the  conspirators,  if  there 
was  a  conspiracy  to  kill  said  Goebel. 

VI 

If  the  jury  believes  from  the  evidence,  beyond  a  reasonable 
doubt,  that  a  conspiracy  was  formed  between  the  defendant 
and  W.  H.  Culton,  F.  W.  Golden,  Green  Golden,  John  L. 
Powers,  John  Davis,  Charles  Finley,  W.  S.  Taylor,  Henry 
Youtsey,  James  Howard,  Berry  Howard,  Holland  Whittaker, 
or  either  or  any  of  them,  or  with  others  to  the  jury  unknown 
acting  in  concert  with  them,  or  either  of  them,  to  kill  William 
Goebel,  then,  after  the  formation  of  said  conspiracy,  if  any, 
every  act  and  declaration  of  each  of  the  conspirators  done  or 
said  in  furtherance  of  the  common  design,  before  the  consum- 
mation thereof,  became  the  act  or  declaration  of  all  engaged 
in  the  conspiracy. 

VII 

The  Court  instructs  the  jury  that  if  it  believes  from  the 
evidence,  beyond  a  reasonable  doubt,  that  the  defendant,  Caleb 
Powers,  conspired  with  W.  H.  Culton,  F.  W.  Golden,  Green 
Golden,  John  L.  Powers,  John  Davis,  Charles  Finley,  W.  S. 
Taylor,  Henry  Youtsey,  James  Howard,  Berry  Howard,  Hol- 
land Whittaker,  Richard  Combs,  or  any  one  or  more  of  them, 
or  with  some  other  person  or  persons  unknown  to  the  jury  act- 
ing with  them,  or  either  of  them,  to  do  some  unlawful  act,  and 
that  in  pursuance  of  such  conspiracy  or  in  furtherance  thereof, 
the  said  Henry  Youtsey,  James  Howard,  Berry  Howard,  Hol- 
land Whittaker,  Richard  Combs,  or  some  one  of  them,  or  some 
other  person  unknown  to  the  jury  acting  with  them  or  with 
those  who  conspired  with  the  defendant,  if  any  such  conspir- 


476        INSTRUCTIONS  TO  THE  JURY 

acy  there  was,  to  do  the  unlawful  act,  did  shoot  and  kill 
William  Goebel,  the  defendant  is  guilty,  although  the  jury 
may  believe  from  the  evidence  that  the  original  purpose  was 
not  to  procure  or  bring  about  the  death  of  William  Goebel, 
but  was  for  some  other  unlawful  and  criminal  purpose. 

VIII 

The  jury  can  not  convict  the  defendant  upon  the  testimony 
of  an  accomplice,  unless  such  testimony  be  corroborated  by 
other  evidence  tending  to  connect  the  defendant  with  the 
commission  of  the  offense,  and  the  corroboration  is  not  suf- 
ficient if  it  merely  shows  that  the  offense  was  committed 
and  the  circumstances  thereof. 

IX 

Every  fact  and  circumstance  necessary  to  constitute  the 
guilt  of  the  defendant  ought  to  be  proved  to  the  satisfaction 
of  the  jury,  beyond  a  reasonable  doubt,  and  unless  the  defend- 
ant has  been  so  proven  guilty,  beyond  a  reasonable  doubt,  the 
jury  ought  to  find  him  not  guilty. 

Thereupon,  after  four  of  the  five  speeches  for  the  defendant 
and  four  of  the  five  speeches  for  the  Commonwealth  had  been 
made,  the  Court,  of  its  own  motion,  added  to  the  seventh  in- 
struction above  set  out,  as  having  been  given  by  the  Court, 
the  following  words,  viz :  "  The  words  '  some  unlawful  act,' 
as  used  in  this  instruction,  means  some  act  to  alarm,  to  excite 
terror  or  the  infliction  of  bodily  harm."  To  which  action  of 
the  Court  in  thus  adding  to  said  instruction  and  to  the  addi- 
tion to  the  instruction,  the  defendant  at  the  time  objected 
and  excepted  and  still  excepts.  The  said  instruction,  after  the 
addition  above  referred  to  was  made,  reads  as  follows: 

"The  Court  instructs  the  jury  that  if  it  believes  from  the 
evidence,  beyond  a  reasonable  doubt,  that  the  defendant,  Caleb 
Powers,  conspired  with  W.  H.  Culton,  F.  W.  Golden,  Green 
Golden,  John  L.  Powers,  John  Davis,  Charles  Finley,  W.  S. 
Taylor,  Henry  Youtsey,  James  Howard,  Berry  Howard,  Hoi- 


INSTRUCTIONS  TO  THE  JURY        477 

land  Whittaker,  Richard  Combs,  or  any  one  or  more  of  them,  or 
with  some  other  person  or  persons  unknown  to  the  jury  acting 
with  them  or  either  of  them,  to  do  some  unlawful  act,  and 
that  in  pursuance  of  such  conspiracy  or  in  furtherance  thereof, 
the  said  Henry  Youtsey,  James  Howard,  Berry  Howard,  Hol- 
land Whittaker,  Rjchard  Combs,  or  some  one  of  them  or  some 
other  person  unknown  to  the  jury  acting  with  them  or  with 
those  who  conspired  with  the  defendant,  if  any  such  conspiracy 
wa's  there  to  do  the  unlawful  act,  did  shoot  and  kill  William 
Goebel,  the  defendant  is  guilty,  although  the  jury  may  believe 
from  the  evidence  that  the  original  purpose  was  not  to  procure 
or  bring  about  the  death  of  William  Goebel,  but  was  for  some 
other  unlawful  and  criminal  purpose. 

The  words,  "  Some  unlawful  act,"  as  used  in  this  instruction, 
means  some  act  to  alarm,  to  excite  terror  or  the  infliction  of 
bodily  harm. 

The  foregoing  were  all  the  instructions  asked,  given  or 
refused. 

A  copy  attest :  GEORGE  S.  ROBINSON,  C.  S.  C.  S. 

By  A.  J.  Coffer,  D.  C. 


APPENDIX  E 

GOVERNOR  DURBIN'S  LETTER  TO  THE  GOVERNOR 
OF  KENTUCKY 

INDIANAPOLIS,  IND.,  November  2,  1901. 

Dear  Sir:  For  the  second  time  requisitions  have  been 
made  to  the  governor  of  this  Commonwealth,  issued  by 
your  authority,  asking  for  the  extradition  of  William  S. 
Taylor  and  Charles  Finley,  alleged  fugitives  from  justice 
from  the  state  of  Kentucky,  and  at  this  time  residing  in  the 
state  of  Indiana.  The  indictment  presented  charges  these  men 
with  being  accessories  before  the  fact  to  the  wilful  murder 
of  William  Goebel.  I  respectfully  decline  to  honor  the  requi- 
sitions. 

The  reasons  given  for  a  similar  action  on  the  part  of  my 
predecessor,  the  lamented  ex-Governor  Mount,  still  obtain 
in  a  pertinent  manner  as  a  basis  for  this  refusal,  reinforced 
as  they  are  by  events  that  have  occurred  since  that  time, 
which  only  tend  to  establish  the  conviction  of  those  who 
believe  in  equal  and  exact  justice  under  the  law  of  all  men, 
that  the  time  has  not  yet  arrived  within  the  environment 
of  this  prosecution  whereby  an  unprejudiced  and  non-partizan 
hearing  of  a  trial  could  be  had.  I  choose  to  make  use  of 
the  right  and  the  duty  as  the  executive  of  the  Commonwealth 
to  exercise  a  discretionary  power  of  refusal,  to  the  end  that 
the  purposes  of  persecution,  which  seem  to  be  the  conspicuous 
feature  of  this  prosecution,  may  not  force  these  men  before 
a  court  partizan  to  the  very  extreme  of  vindictiveness  and 
a  jury  organized  for  conviction  in  its  personnel  and  impanel  - 
ment. 

I  have  given  careful  and  conscientious  consideration  to  the 
evidence  produced  in  the  case  already  heard  of  the  persons 
accused  of  complicity  in  the  murder  of  William  Goebel,  as 

478 


GOVERNOR  DURBIN'S  LETTER        479 

far  as  it  has  been  placed  in  my  hands  by  the  attorneys  for 
the  prosecution,  and  I  unhesitatingly  affirm  that  conviction 
based  upon  such  a  mass  of  self-evident  perjury  reflects  the 
poisoned  passions  of  a  court  and  jury,  and  strengthens  the 
belief  that  were  those  requisitions  honored  I  would  be  only 
aiding  the  determination  of  the  prosecution  to  convict  these 
men  without  any  reference  to  the  law,  justice  or  fact.  I  can 
not  cause  a  man,  from  whom  the  presumption  of  innocence 
should  never  be  stripped,  except  by  legal  methods,  to  be  sub- 
jected to  the  rapine  of  political  persecution.  Kentucky  is  a 
Commonwealth  revered  for  its  high  sense  of  justice  and 
honor;  it  has  given  to  the  jurisprudence  of  the  country  some 
of  the  ablest  lawyers  of  the  nation ;  it  has  honorable  repre- 
sentation on  the  supreme  bench;  it  is  the  birthplace  of  Abra- 
ham Lincoln,  the  embodiment  of  justice,  who  dedicated  his 
life  to  securing  the  rights  of  all  men  under  the  law. 

It  is  a  state  wherein,  very  generally,  justice  has  been  signally 
exemplified  in  the  practice  and  purposes  of  courts,  and  this 
honorable  record  only  emphasizes  in  conspicuous  comparison 
the  odious  acts  which,  in  the  trial  court  of  Judge  Cantrill, 
have  been  permitted  in  the  name  of  law  where  the  life  and 
liberty  of  citizens  are  at  stake.  Can  a  fair  trial  be  had  for 
those  under  indictment?  What  was  the  object  in  appropriat- 
ing one  hundred  thousand  dollars  for  the  conviction  of  the 
suspected  murderers  of  William  Goebel?  Does  not  the  evi- 
dence demonstrate  that  a  portion  of  this  sum  has  been  paid 
for  perjury?  In  the  recent  trial  of  Caleb  Powers,  why  should 
judicial  proprieties  have  been  outraged  by  the  refusal  of 
Judge  Cantrill  to  give  a  change  of  venue  from  his  hearing? 
Why  should  a  jury  of  twelve  partizans  of  the  late  Mr.  Goebel 
be  selected  to  try  the  cause  at  bar? 

In  striking  contrast  to  the  ultra  partizanship  of  the  Ken- 
tucky judge  and  jury,  I  recall  an  example  of  the  profound 
sense  of  justice  that  characterized  a  case,  largely  political 
in  its  character,  that  came  before  the  federal  court  in  Indian- 
apolis shortly  after  the  war,  when  party  spirit  was  at  its 
zenith.  The  Democratic  treasurer  of  Jennings  County  was 
on  trial.  General  Harrison  appeared  for  the  prosecution  and 
ex-Governor  Hendricks  for  the  defense, 


480        GOVERNOR  DURBIN'S  LETTER 

The  regular  panel  of  jurymen  was  in  the  box.  Judge 
Walter  Q.  Gresham  was  on  the  bench.  Mr.  Hendricks  first 
appealed  to  the  court  for  a  political  poll  of  the  jury  and  then 
for  a  special  jury  to  be  composed  of  an  equal  number  from 
the  Democratic  and  Republican  parties.  He  made  a  most 
earnest  and  eloquent  appeal  that  justice  to  his  client  and 
the  political  character  of  the  case  demanded  that  the  jury 
should  be  evenly  divided  between  the  two  leading  political 
parties,  and  no  advantage  be  given  over  his  client  by  the 
insidious  influences  of  a  preponderating  partizan  bias  in  the 
jury.  Judge  Gresham  very  promptly  granted  the  request,  and 
a  new  jury  was  impaneled,  as  asked  for  by  Mr.  Hendricks. 
Compare  this  act  of  justice,  based  on  the  proposition  that  no 
political  judge  or  advantage  should  enter  into  the  jury-box, 
with  the  record  of  the  court  and  jury  in  the  cases  that  have 
so  far  had  a  hearing  in  the  trials  of  the  alleged  murderers 
of  Mr.  Goebel. 

On  this  subject  Thomas  Jefferson  wrote:  "An  officer  who 
is  intrusted  by  the  law  with  the  sacred  duty  of  naming  judges 
of  life  and  death  for  his  fellow  citizen,  and  who  elects  them 
from  among  his  political  and  party  friends,  ought  never  to 
have  in  his  power  a  second  abuse  of  that  tremendous  mag- 
nitude." 

Does  not  the  action  of  the  court  of  appeals  of  Kentucky, 
in  its  reversal  of  the  initial  conviction  in  Judge  CantriU's 
court,  emphasize  the  contention  of  the  governor  of  this  Com- 
monwealth that  these  men  sought  to  be  extradited  can  not 
secure  a  fair  and  just  hearing?  Judge  Cantrill,  candidate 
for  a  United  States  senatorship,  instructed  a  jury  that  it 
might  convict  on  the  testimony  of  one  alleged  accomplice  if 
that  testimony  was  corroborated  by  that  of  another  alleged 
accomplice;  that  it  might  convict  the  defendant  for  the  act 
of  another  man,  to  which  the  defendant  had  never  agreed, 
and  which  was  not  the  necessary  or  probable  consequence 
of  anything  to  which  the  defendant  had  agreed.  It  is  re- 
markable that  the  trial  court  compelled  the  defendant  to 
answer  the  prosecutor's  questions  in  relation  to  other  crimes 
than  the  one  for  which  he  was  on  trial,  and  then,  over  pro- 
tests, permitted  the  specially  employed  attorney  for  the 


GOVERNOR  DURBIN'S  LETTER 

prosecution  to  make  an  impassioned  plea  to  the  jury  to  hang 
the  defendant  on  accusations  entirely  outside  of  the  record. 
To  such  a  perversion  of  justice  I  will  not  consent  to  consign 
any  citizen  of  this  Commonwealth,  be  his  residence  temporary 
or  permanent. 

The  monstrous  rulings  and  instructions  of  the  court,  with 
its  vicious  partizanship  further  represented  by  a  jury  unani- 
mously made  up  of  Goebel  Democrats,  is  of  itself  sufficient 
cause  for  a  refusal  of  your  request ;  but,  added  to  this,  I  have 
on  file  letters  and  protests  from  many  representative  Demo- 
crats of  your  state,  prominent  in  the  organization  of  the 
party,  and  from  editors  of  Democratic  newspapers,  univer- 
sally condemning  the  persecution  in  the  Goebel  trials  as  a 
travesty  upon  justice,  and  urging  that  no  requisitions  be  hon- 
ored for  Mr.  Taylor  and  Mr.  Finley  until  reason  has  resumed 
sway,  and  the  good  name  of  Kentucky,  in  its  procedures 
under  the  law  in  its  courts,  be  restored. 

I  had  hoped  the  trial  of  Caleb  Powers,  just  concluded, 
would  demonstrate  that  the  efforts  of  the  prosecution  were 
really  to  determine  who  the  murderers  of  Mr.  Goebel  were 
in  a  way  that  would  convince  the  people  of  the  country  of  a 
sincere  determination  to  this  end;  that  the  jury  would  be 
selected  for  its  integrity  rather  than  its  partizanship ;  that 
the  court  would  remember  its  obligations  as  a  judge  rather 
than  its  aspirations  for  a  senatorship ;  that  the  rules  of  evi- 
dence having  universal  recognition  in  all  the  states  of  the 
Republic  would  be  followed  in  this  latest  trial,  especially  in 
view  of  the  reversal  of  the  court  of  appeals  in  the  former 
trials.  It  is  a  deep  disappointment  that  the  utter  disregard 
of  justice  which  marked  the  previous  trial  was  as  notorious 
in  the  second  trial  of  Powers  as  in  the  first.  Consequently 
I  can  only  voice  my  condemnation  thereof  by  refusing  to 
honor  your  requisition,  which,  in  effect,  would  make  me  a 
party  to  the  conviction  and  punishment  of  two  reputable  citi- 
zens of  Indiana. 

When  better  assurances  of  a  fair  and  impartial  trial  of 
Messrs.  Taylor  and  Finley  shall  be  given  by  the  trial  of  those 
now  in  Kentucky  under  indictment  for  participating  in  the 
assassination  of  Mr.  Goebel,  and  the  record  of  the  procedure 


482       GOVERNOR  BECKHAM'S  REPLY 

shall  show  that  an  impartial  judge  sat  on  the  bench,  and 
non-partizan  jurors  filled  the  box,  your  requisitions  will  be 
honored. 

Until  the  time  comes  that  justice  is  meted  out  to  those  now 
under  the  jurisdiction  of  the  courts  of  Kentucky,  a  requisi- 
tion leading  to  such  a  travesty  upon  justice  as  the  last  trial 
of  Caleb  Powers  presented  will  not  be  honored  by  the  sur- 
render of  citizens  of  Indiana,  by  any  official  act  of  mine. 

Respectfully, 

WlNFIELD   T.   DURBIN, 

Governor  of  Indiana. 
To  His  Excellency,  J.  C.  W.  Beckham, 

Governor  of  Kentucky,  Frankfort,  Ky. 


GOVERNOR  BECKHAM'S  REPLY  TO  GOVERNOR 
DURBIN 

FRANKFORT,  KY.,  November  n,  1901. 
The  Honorable   Winfield   T.  Durbin,   Governor  of  Indiana, 

Indianapolis,  Ind. 

Sir:  Your  refusal  to  honor  the  requisitions  some  time  ago 
sent  you  by  me,  asking  for  the  extraditions  of  W.  S.  Taylor 
and  Charles  Finley,  fugitives  from  justice  from  this  state, 
charged  with  being  accessories  to  the  murder  of  William 
Goebel,  was  not  unexpected;  but  the  remarkable  letter  with 
which  you  accompanied  the  return  of  the  papers  was  indeed 
a  surprise  to  me,  and  I  sincerely  regret  the  necessity  of  this 
reply.  It  is  true  I  had  been  reliably  informed  that  you  had 
incurred  campaign  obligations  which  committed  you  to  the 
protection  of  these  two  valuable  adjuncts  to  your  political 
fortunes,  and  that  they  had  been  promised  immunity  from 
arrest  through  requisitions  from  the  Kentucky  authorities 
in  the  event  of  your  election  as  governor.  This  information 
has  been  confirmed  by  your  conduct  and  by  the  complete 
sense  of  protection  under  which  these  two  men  seem  to  have 
rested  since  your  incumbency  of  the  office. 


GOVERNOR  BECKHAM'S  REPLY       483 

You  are  at  least  entitled  to  the  credit  of  having  faithfully 
carried  out  your  reputed  agreement  with  them,  however 
much  in  doing  so  you  have  violated  your  oath  of  office  and 
brought  discredit  upon  the  high  position  you  hold.  But  even 
with  this  understanding  of  your  embarrassing  position,  con- 
fronted, as  you  were,  on  the  one  side  by  the  law  and  justice 
and  on  the  other  by  a  miserable  political  bargain,  I  could 
not  believe  that  you  would  so  far  forget  the  dignity  and  ob- 
ligation of  your  office  and  the  courteous  relations  that  exist 
among  the  chief  executives  of  the  various  states,  as  to  go 
out  of  your  way  to  offer  a  gratuitous  insult  to  the  people  of 
Kentucky,  and  to  cast  a  reflection  upon  the  courts  and  public 
officials  of  the  state.  If  these  slanderous  charges  had  come 
from  you  as  an  individual,  then  they  would  be  treated  with 
the  silent  contempt  they  so  justly  deserve;  but  as  they  come 
from  you  as  the  governor  of  a  great  state,  I  shall  not  hesitate 
to  hold  you  up  to  public  scorn,  and  show  how  unjust  and 
unfounded  are  the  wilful  and  inexcusable  misrepresentations 
in  your  letter. 

When  your  predecessor,  the  late  Governor  Mount,  refused 
to  honor  similar  requisitions  made  on  him  by  me,  I  declined 
to  criticize  him,  because,  while  he  had  acted  under  gross  mis- 
representations to  him  as  to  the  facts  and  an  erroneous  con- 
ception of  his  official  power  in  the  matter,  I  yet  believed  that 
he  had  been  governed  by  honest  and  conscientious  convictions. 
I  can  not  say  so  much  for  you.  You  are  not  entitled  to 
such  an  excuse,  for  when,  with  the  record  in  your  hands, 
you  deliberately  misquote  that  record  in  order  to  forge  a 
libel  against  the  courts  and  citizens  of  this  state,  the  plea 
of  ignorance  can  not  be  entered  in  your  behalf.  Forgetful  of 
the  duties  and  proprieties  of  the  exalted  position  you  occupy 
as  the  chief  executive  of  a  sovereign  state,  and  blinded  with 
partizan  htte,  you  have  not  only  cast  an  insult  upon  a  brave 
and  generous  people,  but  you  have  also  exercised  a  power 
which  has  been  expressly  denied  you  by  the  constitution  and 
laws  of  the  United  States,  which  you  swore  to  uphold  and 
support,  when  you  took  the  oath  of  office. 

In  your  letter  refusing  these  requisitions,  you  say,  "  I  choose 
to  make  use  of  the  right  and  the  duty  as  the  executive  of  the 


484       GOVERNOR  BECKHAM'S  REPLY 

Commonwealth  to  exercise  a  discretionary  power  of  refusal." 
Let  us  see  what  the  law  is  as  to  this  "  discretionary  power." 
Since  I  have  been  governor  of  Kentucky  I  have  never  re- 
fused to  honor  the  requisition  of  the  governor  of  any  state, 
and  I  have  honored  no  less  than  a  dozen  issued  upon  me  at 
different  times  by  the  governor  of  Indiana.  It  has  been  my 
view  of  the  law  that  my  duty  in  such  matters  was  purely 
ministerial,  not  discretionary,  and  I  have  believed  that  when- 
ever a  requisition  was  presented  to  me  with  the  papers  prop- 
erly made  out,  it  was  my  duty,  not  to  tie  the  case,  but  to 
issue  the  proper  warrant  of  arrest  for  the  fugitive  and  have 
him  surrender  to  the  proper  officer.  But  it  is  not  necessary 
to  argue  this  question.  A  statement  of  the  law  is  sufficient 
to  convince  any  one  save  an  apologist  of  Goebel's  assassina- 
tion. In  Article  4,  Section  2,  of  the  Constitution  of  the  United 
States,  is  the  following  provision  concerning  "  Fugitives  from 
Justice  " : 

"A  person  charged  in  any  state  with  treason,  felony  or 
other  crime,  who  shall  flee  from  justice,  and  be  found  in 
another  state,  shall  on  demand  of  the  executive  authority 
of  the  state  from  which  he  fled  be  delivered  up  to  be  removed 
to  the  state  having  jurisdiction  of  the  crime." 

Then  Section  5278,  of  the  Revised  Statutes  of  the  United 
States,  reads  as  follows: 

"  Whenever  the  executive  authority  of  any  state  or  territory 
demands  any  person  as  a  fugitive  from  justice  of  the  execu- 
tive authority  of  any  state  or  territory  to  which  'such  person 
has  fled  and  produces  a  copy  of  an  indictment  found  or  an 
affidavit  made  before  a  magistrate  of  any  state  or  territory 
charging  the  person  demanded  with  having  committed  treason, 
felony  or  other  crime,  certified  as  authentic  by  the  governor 
or  chief  magistrate  of  the  state  or  territory  to  which  such 
person  has  fled  to  cause  him  to  be  arrested  and  se&ired  and 
to  cause  notice  of  the  arrest  to  be  given  to  the  executive 
authority  making  such  demand,  or  to  the  agent  of  such  author- 
ity appointed  to  receive  the  fugitive,  and  to  cause  the  fugitive 
to  be  delivered  to  such  agent  when  he  shall  appear." 

Observe  that  the  word  "  shall "  is  used  in  both  the  consti- 
tutional provisions  and  in  the  statute.  The  expression,  "It 


GOVERNOR  BECKHAM'S  REPLY       485 

shall  be  the  duty,"  does  not  allow  any  "  discretionary  power." 
But  in  order  to  avoid  any  discussion  whatever  as  to  the  mean- 
ing of  the  law,  let  us  examine  the  opinion  of  the  supreme 
court  of  the  United  States  in  regard  to  it.  In  the  case  of 
Kentucky  vs.  Dennison  (65th  U.  S.  Reports),  where  the  gov- 
ernor of  Ohio  had  refused  to  deliver  a  fugitive  asked  for  by 
the  governor  of  Kentucky,  that  court,  while  refusing  to  grant 
the  mandamus  asked  for,  claiming  that  it  had  no  power  to 
grant  it  in  such  a  case,  nevertheless,  said  the  chief  justice, 
delivering  the  opinion  of  the  court: 

"It  will  be  observed  that  the  judicial  acts  which  are  neces- 
sary to  authorize  the  demand  are  plainly  specified  in  the  act 
of  Congress ;  and  the  certificate  of  the  executive  authority 
is  made  conclusive  as  to  their  verity  when  presented  to  the 
executive  of  the  state  where  the  fugitive  is  found.  He  has 
no  right  to  look  behind  the  character  of  the  crime  specified 
in  this  judicial  proceeding.  The  duty  which  he  is  to  perform 
is,  as  we  have  already  said,  merely  ministerial  —  that  is,  to 
cause  the  party  to  be  arrested  and  delivered  to  the  agent  or 
authority  of  the  state  where  the  crime  was  committed.  It 
is  said  in  the  argument  that  the  executive  officer  upon  whom 
this  demand  is  made  must  have  a  discretionary  executive 
power,  because  he  must  inquire  and  decide  who  is  the  person 
demanded.  But  this  certainly  is  not  a  discretionary  duty  upon 
which  he  is  to  exercise  any  judgment,  but  is  merely  a  minis- 
terial duty  —  that  is,  to  do  the  act  required  to  be  done  by  him, 
and  such  as  every  marshal  and  sheriff  must  perform  when 
process,  either  criminal  or  civil,  is  placed  in  his  hands  to  be 
served  on  the  person  named  in  it.  And  it  has  never  been  sup- 
posed that  this  duty  involved  any  discretionary  power  or  made 
him  anything  more  than  a  mere  ministerial  officer ;  and  such  is 
the  position  and  character  of  the  executive  of  the  state  under 
the  law,  when  the  demand  is  made  upon  him  and  the  requisite 
evidence  produced.  The  governor  has  only  to  issue  his  war- 
rant to  an  agent  or  officer  to  arrest  the  party  named  in  the 
demand." 

I  commend  the  entire  opinion  in  this  case  for  your  perusal 
and  study,  with  the  hope  that  you  may  profit  by  the  instruc- 
tion, and  not  again,  when  dealing  with  such  matters,  speak 


486       GOVERNOR  BECKHAM'S  REPLY 

of  "discretionary  powers."  Remember,  too,  that  the  con- 
struction placed  upon  the  constitution  by  the  highest  court 
in  the  land  becomes  itself  a  part  of  that  instrument  which 
you  took  an  oath,  when  you  became  governor  of  Indiana,  to 
support.  A  comparison  of  your  letter  with  the  decision  of 
the  supreme  court  is  sufficient  to  show  whether  you  have  been 
faithful  to  this  oath. 

Passing  on  from  showing  how  you  have  disregarded  the 
constitution  and  law  of  your  country,  I  will  proceed  to  show 
how  you  have  perverted  the  record  in  the  recent  trial  of 
Caleb  Powers  and  sought  by  such  action  to  bring  discredit 
upon  an  honorable  and  upright  judge,  whose  life  of  public 
service  has  been  unstained  by  a  single  dishonorable  act,  and 
whose  character  as  a  man  and  as  a  jurist  stands  unim- 
peached  among  the  good  people  of  this  state. 

You  criticize  the  recent  trial  of  Powers  and  denounce  Judge 
Cantrill  for  his  instructions  to  the  jury.  You  say  in  your 
letter  he  instructed  it  "  that  it  might  convict  on  the  testimony 
of  one  alleged  accomplice  if  that  testimony  was  corroborated 
by  that  of  another  alleged  accomplice;  that  it  might  convict 
the  defendant  for  the  act  of  another  man,  to  which  the  de- 
fendant had  never  agreed,"  etc.  To  show  how  untrue  the 
statement  is  I  reproduce  from  the  record  the  exact  instruc- 
tion of  the  judge  in  that  case  on  this  point: 

"Eighth  —  The  jury  can  not  convict  the  defendant  upon 
the  testimony  of  an  accomplice  or  of  accomplices  unless  the 
testimony  be  corroborated  by  other  evidence  tending  to  con- 
nect the  defendant  with  the  commission  of  the  offense,  and 
the  corroboration  is  not  sufficient  if  it  merely  shows  that  the 
offense  was  committed  and  the  circumstances  thereof." 

Is  this  a  manly  way  to  attack  any  one?  Is  it  right  and 
proper  to  manufacture  evidence  to  blacken,  if  possible,  his 
character?  You  insinuate,  too,  that  the  judge  has  been  "in- 
fluenced in  his  trials  of  these  cases  by  his  aspirations  as  a 
candidate  for  the  United  States  senate.  If  rumor  speak  true, 
you  are  not  above  suspicion  in  that  respect  yourself,  and  the 
rancorous  spirit  of  your  letter  shows  that  you  are  making  a 
bid  for  the  support  of  the  implacables  and  radicals  in  your 
own  party,  with  a  view  to  that  end.  I  doubt  the  wisdom  of 


GOVERNOR  BECKHAM'S  REPLY       487 

your  policy  to  secure  such  an  honor.  The  people  of  Indiana 
love  fair  play,  and  although  at  times  stirred  to  a  high  pitch 
of  excitement  in  political  contests,  they  are  nevertheless 
broad-minded,  liberal  and  obedient  to  the  law.  My  confi- 
dence in  them  and  in  their  civil  institutions  is  so  great  that 
I  will  never,  while  governor  of  Kentucky,  cast  a  reflection 
upon  them  or  upon  their  courts  by  refusing  to  surrender  to 
them  a  violator  of  their  laws,  when  properly  demanded,  even 
though  the  fugitive  should  be  of  my  owji  political  faith  and 
charged  with  conspiring  to  murder  his  political  opponent 
whom  he  could  not  defeat  otherwise.  The  good  people  of 
your  state  do  not  indorse  you  in  this  matter. 

I  wish  to  call  attention  to  another  misstatement  in  your 
letter.  You  say  you  have  on  file  letters  and  protests  from 
"  many  representative  Democrats  of  this  state,  prominent  in 
the  organization  of  the  party,  and  from  editors  of  Democratic 
newspapers,"  asking  you  to  refuse  to  honor  these  requisitions. 
I  make  the  assertion,  and  you  can  not  disprove  it  by  pro- 
ducing such  a  letter,  that  not  a  Democrat  in  Kentucky  be- 
longing to  the  organization  of  the  party,  nor  the  editor  of 
any  Democratic  newspaper,  has  made  such  a  request  of  you. 

I  have  no  doubt  that  some  of  the  people  who  have  urged 
you  not  to  give  up  these  men  did  so,  not  because  they  thought 
fair  trials  would  be  denied  them,  but  because  they  feared 
that  closer  investigation  into  this  crime  would  disclose  their 
part  in  the  conspiracy. 

There  is  no  doubt  now  that  the  assassination  of  William 
Goebel  on  the  State  Capitol  grounds  was  the  result  of  a 
deliberate  and  carefully  planned  conspiracy;  that  he  was  shot 
from  a  window  in  the  office  of  the  secretary  of  state,  not  over 
forty  feet  from  the  governor's  office,  where  W.  S.  Taylor 
was  when  the  shot  was  fired ;  that  Taylor  immediately  had  all 
the  entrances  to  the  building  guarded  and  forbade  the  ad- 
mission of  the  peace  officers  who  sought  to  enter  and  search 
for  the  assassin ;  that  he  threw  every  obstacle  in  his  power 
in  the  way  of  preventing  the  arrest  and  conviction  of  any 
one  suspected  of  the  crime ;  that  he  issued  his  pardons  to 
some  of  those  under  suspicion,  even  before  their  arrest  and 
indictment;  that  he  was  presumably  the  beneficiary  in  the 


488       GOVERNOR  BECKHAM'S  REPLY 

death  of  William  Goebel,  who  was  contesting  with  him  the 
title  of  the  governorship  of  Kentucky;  that  he  refused  to 
recognize  the  writ  of  habeas  corpus,  filled  the  state  capital 
with  over  a  thousand  armed  desperadoes,  and  threatened  the 
entire  state  with  revolution  and  anarchy ;  and  that  to-day  he  is 
a  cringing  suppliant  at  your  feet,  begging  that  he  be  not  given 
over  to  trial  on  an  indictment  charging  him  with  being  a 
conspirator  in  the  murder  of  his  successful  rival. 

It  would  be  no  satisfaction  to  any  one  to  punish  an  inno- 
cent man  for  this  crime.  The  mind  of  any  civilized  man 
revolts  at  such  an  idea.  The  brother  and  friends  of  the  mur- 
dered governor  simply  demand  the  punishment  of  those  who 
conspired  to  kill  him.  No  political  advantage  could  be  gained 
by  any  one  or  any  party  in  convicting  the  two  self-confessed 
criminals  now  basking  in  the  smiles  of  your  protecting  care. 
They  are  certainly  not  political  factors  now  sufficient  to 
excite  fear  in  the  humblest  heart,  and  if  they  are  innocent 
a  Kentucky  jury  and  Kentucky  courts  would  throw  around 
them  every  possible  protection  and  vindication.  You  show 
in  your  letter  itself  that  they  are  not  in  danger  of  "judicial 
persecution  "  when  you  call  attention  to  the  reversal  of  the 
case  of  Howard  and  the  first  trial  of  Powers  by  the  court  of 
appeals  of  this  state.  That  court  is  composed  of  seven  up- 
right and  honorable  judges,  four  of  whom  are  of  the  same 
political  party  as  yourself  and  these  two  fugitives.  That 
court  would  certainly  never  permit  a  judgment  of  Judge 
Cantrill's  court  to  stand  if  what  you  say  about  it  is  true. 

You  ask:  "Why,  in  the  recent  trial  of  Caleb  Powers, 
should  judicial  proprieties  have  been  outraged  by  the  refusal 
of  Judge  Cantrill  to  give  a  change  of  venue  from  hi's  hear- 
ing?" Another  misstatement.  Powers  did  not  ask  for  such 
a  change.  In  his  first  trial  he  did  ask  it,  and  it  was  changed 
by  removing  the  case  from  Frankfort  County  to  Scott  County, 
under  our  law,  which  requires  a  judge  in  granting  a  change 
of  venue  to  send  it  to  an  adjacent  county  within  the  same 
district. 

You  ask  again:  "What  was  the  object  in  appropriating 
one  hundred  thousand  dollars  for  the  conviction  of  the  sus- 
pected murderers  of  William  Goebel?"  The  same  object 


GOVERNOR  BECKHAM'S  REPLY       489 

which  prompted  the  government  to  pay  secret  service  men 
and  other  detectives  to  discover  if  possible  whether  the  mis- 
erable wretch  Czolgosz  had  any  confederate  in  his  dastardly 
crime.  Only  seven  thousand  .dollars  has  been  spent  of  the 
Goebel  reward  fund,  all  in  the  legitimate  expenses  of  the 
trials,  and  it  is  safe  to  assert  that  at  least  that  much  has 
already  been  spent  in  the  laudable  purpose  of  trying  to  dis- 
cover the  anarchist  plot  to  murder  our  lamented  president. 

Again  you  ask :  "  Does  not'  the  evidence  demonstrate  that 
a  portion  of  this  sum  has  been  paid  for  perjury?"  There 
has  not  been  a  scintilla  of  evidence  to  that  effect  ever  intro- 
duced, and  your  question  was  not  asked  in  good  faith.  On 
the  contrary,  in  the  last  trials  of  Powers  strong  evidence 
was  introduced  to  show  that  some  of  his  friends  had  sought 
to  bribe  witnesses  for  the  Commonwealth. 

Your  reference  to  the  Jennings  County,  Indiana,  case  was  un- 
fortunate for  yourself,  for,  if  I  am  correctly  informed,  your 
part  in  it  was  not  very  creditable  to  you,  and  should  have 
acted  as  an  estoppel  upon  you  from  ever  criticizing  the  make- 
up of  a  jury. 

But  I  shall  not  prolong  this  communication  by  undertaking 
to  show  all  the  inaccuracies  and  misrepresentations  you  have 
used.  I  am  sorry  that  your  letter  necessitated  such  a  plain 
and  frank  statement  of  the  facts. 

The  honored  name  of  Kentucky  needs  no  defense  at  your 
hands.  Her  history  is  one  of  which  we  are  justly  proud. 
Over  a  hundred  years  ago  she  became  a  Commonwealth  in 
the  American  Union,  and  her  pioneer  citizens  cleared  the 
forests,  built  homes,  schools,  churches,  established  civil  gov- 
ernment and  quickly  placed  her  among  the  first  states  of  the 
Union.  Her  people  are  brave,  generous,  hospitable  and 
obedient  to  the  law.  Life,  liberty,  and  property  are  as  safe 
within  her  borders  as  anywhere  on  earth.  Only  one  time  in 
her  history  were  these  blessings  threatened,  and  that  was 
brought  about  by  these  two  fugitives  whom  you  harbor  and 
some  of  their  associates.  It  was  then,  too,  that  the  great 
body  of  Kentuckians  showed  their  splendid  character,  their 
forbearance  and  their  profound  respect  for  the  law  and  the 
constituted  authorities,  and  it  was  their  patient  courage  at 


490      GOVERNOR  BECKHAM'S  REPLY 

such  a  critical  time  that  brought  order  out  of  chaos,  govern 
ment  out  of  anarchy.    Such  a  people  as  these  could  neither 
be   helped   by   your   praise   nor   harmed   by   your   scurrilous 
abuse,  and  such  a  people  would  never  knowingly  permit  any 
one  to  be  unjustly  deprived  of  life  or  liberty. 

In  concluding  your  letter  you  say  that  my  requisition  has 
been  refused  because  you  did  not  want  to  make  yourself  a 
party  to  the  "conviction  and  punishment  of  two  reputable 
citizens  of  Indiana."  But  by  such  refusal  you  have  made 
yourself  a  party  after  the  fact  to  the  most  infamous  crime 
in  the  history  of  this  state,  the  cold-blooded  and  dastardly 
murder  of  an  eminent  and  distinguished  citizen  of  Kentucky, 
who  had  been  elected  to  the  highest  office  within  the  gift  of 
our  people.  Respectfully, 

J.  C.  W.  BECKHAM, 
Governor  of  Kentucky. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY,  LOS  ANGELES 

COLLEGE  LIBRARY 

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